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LIBRARY OF CONGRESS. 



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UNITED STATES OF AMERICA. 



CIVIL GOVERNMENT 



UNITED STATES 



STATE OF KENTUCKY. 



A Text-Book for Schools. 



. - v 



Will P. Hart, M. S., 



i i 

EDITOR OP "THE TEACHER AND EXAMINER," AND AUTHOR OF "CIVIL GOVERNMENT 
OP THE UNITED STATES AND THE STATE OF INDIANA," AND "CIVIL GOV- 
ERNMENT OF THE UNITED STATES AND THE STATE OF TEXAS." 




INDIANAPOLIS, INDIANA : 

THE NORMAL PUBLISHING HOUSE, 

J. E. Sherrill, - - Proprietor. 

1889. 



Entered, according to Act of Congress, in the year 1889, 

By J. E. SHEKRILL, 

In the Office of the Librarian of Congress, at Washington, D. C. 



To 

The Youth of Our Beloved Country, 

In Whose Hands Its Future Destiny Lies, 

This Volume is Eespectfully 

%n&cxxbz&. 



" This government, the offspring of your own choice, uninfluenced 
and unawed, adopted upon full investigation and mature delibera- 
tion, completely free in its principles, in the distribution of its powers, 
uniting security with energy, and containing within itself a provision 
for its own amendment, has a just claim to your confidence and your 
support. Respect for its authority, compliance with its laws, acqui- 
escence in its measures, are duties enjoined by the fundamental 
maxims of true liberty." — George Washington. 



PREFACE 



Civilization, intelligence, liberty, and all that we 
hold sacred owe their very existence to government. 
Without government, the church, the school, the 
home, the family itself would cease to exist. Hon- 
esty, Virtue and Chastity would hang their heads in 
shame and weep o'er the woes of fallen man. An- 
archy, the grim vulture of decaying governments, 
would wheel his devastating flight through a desolate 
and terror-smitten land. 

Notwithstanding the vast importance — nay, neces- 
sity — of a knowledge of civil government to every in- 
telligent citizen, yet it is a deplorable fact that a large 
majority of the people of the United States — even 
that small minority invested with the sacred right 
of suffrage — is woefully ignorant of the functions of 
our own government. A man who does not possess 
a general knowledge of the workings of the several 
departments of his government and the duties of its 
various officers is not an intelligent citizen. He can 
not vote intelligently, nor does he know the obliga- 
tions of a citizen to his government. What right has 
a voter to cast his ballot for a candidate for office un- 
less he know that candidate to be qualified for the 
office ? And how is he to know the candidate to be 

(5) 



b PREFACE. 

qualified unless he know the functions of the office 
and the duties required of its incumbent? 

It is strange that while our boys and girls are forced 
to spend hours every day in poring over arbitrary 
rules in grammar and long lists of dates in history, yet 
hardly a thought is bestowed upon our own civil gov- 
ernment, a subject of vastly more importance. The 
importance of the subject demands that it be adopted 
as a branch to be taught in our public schools. The 
object of our public school system is not to grind out 
educated men and women, but to make honest, intel- 
ligent, progressive citizens of our boys and girls. 
How can this end be attained when one of the most 
necessary requisites is utterly ignored? It can not 
be long until our school officers will see the impor- 
tance of teaching civil government in our public 
schools. Indeed, there is a healthy public sentiment 
in that direction already, and the time is not far dis- 
tant when it will be one of the " common school 
branches." 

There have been many treatises on civil govern- 
ment published, some of them good works in their 
way, but none that fully meet the requirements of 
the public school — the district school. Most of them 
are too comprehensive for the needs of the elementary 
school, and are better adapted to the high school or 
college. Too much attention is paid to the dry rou- 
tine of offices and officers, and not enough to the ob- 
jects and benefits of government and the duties and 
privileges of citizenship. We not only want our chil- 



PREFACE. 7 

dren to be intelligent citizens, but we want them to 
be patriotic. We want them to feel and appreciate 
the priceless privileges which they enjoy under this 
glorious government. We want them to love the 
American flag and all that it symbolizes. 

In order to bring about these results this text-book 
on Civil Government is published. The introductory 
chapters are devoted to the principles of civil govern- 
ment. In the first chapter the student is shown the 
need of government, and the different kinds of gov- 
ernments that govern the various countries of the 
world. This subject is treated as briefly as its im- 
portance will justify, just enough being given to give 
the student a clear idea of governments in general. 
In the second chapter are shown the obligations of a 
government to its citizens, and in the third the obli- 
gations of a citizen to his government. These two 
chapters are specially important, as it is here that the 
student learns the true idea of citizenship and its du- 
ties and obligations. It is here that the teacher has 
an opportunity to instill into the child that patriotism 
necessary to make of it a true, loyal citizen. 

Next is taken up the civil government of the United 
States, and the different functions and departments of 
the national government, together with the various 
Federal officers and their qualifications, powers and 
duties, are briefly and exhaustively treated. The 
provisions of the Constitution are given and explained 
so that the student can readily understand them. 

The civil government of the State is then given in 



PREFACE. 

the same comprehensive manner as the civil govern- 
ment of the Nation. Then follows the civil govern- 
ment of the county, township, district, city and town. 
This necessitates a special State edition for each State. 
While it calls for a vast amount of labor and expense, 
yet it is the only proper method of treating the sub- 
ject of civil government of the United States. 

Great care has been taken to make the work accu- 
rate and reliable. In preparing each State edition a 
copy of the latest revised statutes of the State under 
consideration has been constantly before the author, 
and the text made to conform to it in every particu- 
lar. If any inaccuracies appear, they are attributable 
to changes made in the law since the adoption of the 
latest statutes. 

The most important state documents are given ver- 
batim, and include the Declaration of Independence, 
the Articles of Confederation, the Federal Constitu- 
tion and the State Constitution. 

With the hope that this volume will accomplish the 
work for which it is designed — the conversion of our 
boys and girls into patriotic men and women — I send 
it upon its mission, and may God speed it upon its 
way. 




Danville, Indiana, March, 1889. 



TABLE OF CONTENTS. 

PART I. 

PRINCIPLES OF CIVIL GOVERNMENT. 

CHAPTEE I. 

PAGE. 

Of Governments in General - 13 

CHAPTER II. 
Obligations of a Government to Its Citizens 33 

CHAPTER III. 

Obligations of a Citizen to His Government « 47 



PART II. 

CIVIL GOVERNMENT OF THE UNITED 
STATES. 

CHAPTER IV. 
Origin and Nature of Our Government 61 

CHAPTER V. 
Legislative Department 76 

CHAPTER VI. 
Legislative Department, Continued 92 

CHAPTER VII. 
Executive Department 113 

CHAPTER VIII. 

Judicial Department 131 

(9) 



10 TABLE OF CONTENTS. 

CHAPTER IX. 

FAGE. 

Miscellaneous Provisions of the Constitution . 139 

CHAPTER X. 

Relation of the States to the Federal Government 152 



PART III. 
CIVIL GOVERNMENT OF KENTUCKY. 

CHAPTER XI. 
Bill of Rights 211 

CHAPTER XII. 
Elections 215 

CHAPTER XIII. 
Legislative Department 223 

CHAPTER XIV. 
Executive Department 233 

CHAPTER XV. 
Judicial Department 254 

CHAPTER XVI. 

Civil Government of the County, Legislative and Executive De- 
partments 262 

CHAPTER XVII. 

Civil Government of the County, Judicial Department 272 

CHAPTER XVIII. 
Civil Government of the District 282 

CHAPTER XIX. 

Civil Government of Cities and Towns -••■ 286 



PART I. 

PRINCIPLES OF CIVIL GOVERNMENT. 



Civil Government. 



PART I. 



PRINCIPLES OF CIVIL GOVERNMENT. 



CHAPTER I. 

OF GOVERNMENTS IN GENERAL. 



Ctv* „ ow -. /Absolute. 

,'Monarchy | Limit ed. 

Government. ] Aristocracy { f Active '^ 

[Democracy {*£"*»■ 

1. A state is a body of people included within cer- 
tain territorial limits who are united for governmental 

state. purposes and controlled by the same gen- 
eral laws and officers. The term is sometimes applied 
to the territory itself, as in the case of the States of 
the American Union ; but, strictly speaking, it means 
the citizens taken collectively. 

(13) 



14 CIVIL GOVERNMENT. 

2. A society is a group of individuals living in 
some locality, or at some period, who are united by a 

society, common bond of nearness or intercourse, or 
who recognize one another as acquaintances and as- 
sociates. Society is necessary to civilization. The 
highest degree of manhood can only be attained in 
society. Without associates, man becomes morose, 
suspicious and selfish. His mental faculties not only 
become stunted for want of exercise, but his moral 
nature is dwarfed, and he recedes away from the ideal 
of humanity. 

3. The government of a state is the power that 
controls it. Without government the state can not 
Government, exist. It is the outgrowth of society, just as 
society is the natural result of human intercourse. 
Man is not only social, but he is selfish. He has a 
disposition to dictate, and to want to have his own 
way. He comes in contact with his fellow-man, and 
there is a conflict of opinions ; and unless there be 
some authority to arbitrate these disputes, society 
would become a scene of continual strife and confusion. 
Again, men, by working in harmony, may be the 
source of great mutual aid that could not otherwise 
be rendered, such as the common defense, public im- 
provements, etc. Hence, government is a necessity 
of society. 

4. Civil government is the authority that controls 
a state in time of peace. Martial law, emanating 

ernm?nl! directly from the military power, is the au- 
thority that controls a state in time of war, insurrec- 



PEINCIPLES. 15 

tion, or rebellion, when the civil authority is power- 
less to enforce its laws. Civil government has im- 
mediate constitutional or legislative sanction, while 
martial law has not. 

5. Since government implies a rule of action, it 
follows that a rule must first be made, then it must be 

De P artment3 explained, and lastly it must be enforced. 

Government. This gives rise to three functions of govern- 
ment called departments. They are the legislative, 
which enacts the laws; the judicial, which interprets 
them ; and the executive, which executes them. 

6. All governments may be classified under the fol- 
lowing three heads : monarchy, aristocracy and democ- 
Gofer n nments. racy. This classification is based upon the 
source of the supreme power. 

7. A monarchy is a government in which the su- 
preme power is vested in one person. Monarchies 

Monarchy, are absolute and limited. An absolute mon- 
archy is one in which all the three functions of gov- 
ernment are vested in the monarch, or ruler. An ab- 
solute monarchy is also called a despotism. A lim- 
ited monarchy is one in which the three functions of 
government are not all vested in one person. A lim- 
ited monarchy is usually governed by a constitution, 
while an absolute monarchy is not. Russia and China 
are absolute monarchies, while England and Germany 
are limited monarchies. Monarchies are also hereditary 
and elective. A hereditary monarchy is one in which 
the monarch inherits the throne, while an elective mon- 
archy is one in which the monarch is chosen by a body 
of electors. 



16 CIVIL GOVERNMENT. 

8. An aristocracy is a government in which the su- 
preme power is vested in a few persons. If these 

Aristocracy, persons inherit their offices, the aristocracy 
is hereditary ; if they are elected by the people, it is 
elective. If they appoint themselves without the con- 
sent of the people, it is called an oligarchy. The tri- 
umvirate and decern virate of ancient Rome are ex- 
amples of aristocracies. 

9. A democracy is a government in which the su- 
preme power is vested in the people, or the state itself. 

Democracy. Democracies are of two kinds, pure and re- 
publican. A pure democracy is one in which the peo- 
ple themselves hold and exercise directly the legisla- 
tive function. A republic is a democracy in which 
the legislative function is delegated to representatives 
called legislators, who are chosen by the people for a 
stated term. These legislators meet at some place, 
usually the seat of government, at stated times, and 
enact the laws that govern the state. A pure democ- 
racy is practicable only in countries of very small extent 
and population. Some of the early American colonies 
were pure democracies, except that they owed alle- 
giance to European countries. In countries of great 
extent and population a pure democracy would be im- 
practicable, for the reason that the people could not 
assemble in one legislative body to enact the laws. 
The representation would be unequal also, the dis- 
tricts near the seat of government being largely rep- 
resented, while the remote districts would have little 
or no representation. In countries of any considera- 



PEINCIPLES. 17 

ble extent and population a republic is the most prac- 
ticable. The representation is not only equalized, but 
better legislators are secured. Of all governments the 
republic is best adapted to the wants of an intelligent 
and civilized people. The United States and France 
are examples of republics. The chief executive of a 
republic is generally called the president, and he is 
elected by the people for a term of years. 

10. There is probably no government in existence 
to-day that belongs strictly to any one of these classes 
Gov^kments. of governments. All governments, to a more 
or less extent, combine their different features. Great 
Britain is called a monarchy, yet it*is a mixture of all 
three classes of governments. The monarchial features 
are seen only in its rulers who rule by hereditary right ; 
yet its monarchs have been stripped of authority by 
the constitution and parliament until they have hardly 
as much power as our presidents. The aristocratic 
feature is seen in the House of Lords, the members of 
which hold their seats by virtue of their birth. The 
House of Commons is republican, its members being 
elected by the people. Even our own boasted repub- 
lic does not possess a distinct division of governmental 
functions. Our president exercises legislative author- 
ity in his power of veto, and his judicial authority is 
shown in the appointment of the judges of the various 
United States courts. The United States Senate exer- 
cises executive power in confirming the appointments 
of the president ; and the courts exercise legislative 
authority in that every decision rendered by them be- 
2 



18 CIVIL GOVERNMENT. 

comes a precedent upon which to base future deci- 
sions. 

11. Various names are applied to monarchies, 
among which may be mentioned empire, kingdom, 

Monarchies, principality, grand duchy, duchy and elect- 
orate. The basis of distinction is mainly the extent 
of territory which they govern. An empire is a mon- 
archy controlling an extensive scope of territory, gen- 
erally composed of different countries or nations. The 
ruler of an empire is usually called an emperor or em- 
press. Sometimes they have special titles, as, for in- 
stance, the emperor of Russia is called the Czar; Tur- 
key, the Sultan ; Japan, the Mikado. A kingdom is 
a monarchy controlling a smaller extent of territory 
than an empire. Its ruler is usually called a king or 
a queen. A principality is ruled by a prince ; a grand 
duchy by a grand duke ; a duchy by a duke ; and an 
electorate by an elector. 

12. A colonial government is the authority that 
governs a province belonging to some other nation. 

other Forms It derives its powers from the government to 
Government. w hich it is subordinate. The Dominion of 
Canada and Cuba are examples of colonial govern- 
ments. A tribal government is the authority that 
controls a tribe of savage or uncivilized people united 
under one leader or government. Southern Arabia, 
in Asia, and Senegambia, in Africa, are examples of 
tribal governments. When a people have no gov- 
ernment or controlling power, they are said to be in 
a state of anarchy. 



PRINCIPLES. 1 9 

13. It is of the utmost importance that the student 
iix carefully in his mind the distinction between the 
Distinction be- o-overnment and the state. The state is the 

tween Gov- © 

ern stlte. and whole body of people united for the purposes 
of government, while the government is only that 
portion of the state to which is delegated the author- 
ity to perform the functions of government. The gov- 
ernment is subordinate to the state, and derives all its 
power from the state. It is the creature of the state, 
and exists only through its suffrage. It is true that 
the government may usurp the supreme power and 
subordinate the state to its authority, as in the case 
of absolute monarchies, but it can only do so by the 
expressed or tacit consent of the state. The state is 
immutable : governments may rise, flourish, and pass 
away, but the state remains. 

14. The sovereignty of a state is its right to exer- 
cise supreme authority over its own subjects and af- 
sovereignty. fairs. A state is a sovereign state when it 
possesses this power, and no other government has a 
right to dictate to it in the management of its affairs. 
When a state does not possess this power, but is sub- 
ject to some other government, it is a colonial depend- 
ency of that government. The United States and 
Great Britain are sovereign states, while Indiana and 
the Dominion of Canada are not. 

15. While a division of the functions of govern- 
ment is of the utmost importance, yet it is best not 

FunSnl to draw the lines too closely. To do so were 
to make each function absolute within itself. By al- 



20 CIVIL GOVERNMENT. 

lowing them to a limited extent to overlap each other 
they serve as checks upon each other. In the United 
States, for example, all bills passed by Congress must 
be approved by the President before they become 
laws, unless passed over his veto ; and the Supreme 
Court decides whether or not a law is constitutional. 
On the other hand, all treaties and important appoint- 
ments made by the President must be confirmed by 
the Senate; and the President appoints the judges of 
the Supreme Court. 

16. Owing to the cupidity of human nature, the 
possession of power creates a desire for more. Thus 
constitutions, it naturally follows that the tendency of all 
governments is away from the people and toward des- 
potisms. To this fact can be traced the origin of all 
monarchies. A simple pastoral people, unfitted for 
exercising governmental powers, will leave such mat- 
ters to others of more executive ability. Some one 
possessed of ambition and a tendency to rule and dic- 
tate will soon acquire an influence over them, and 
they will finally come to look upon him as their su- 
perior, their defender in time of war and their judge 
in time of peace. Finally, after many years of this 
state of affairs, the people begin to believe that he 
possesses absolute control over them, and he in his 
turn exercises it, and thus becomes a despot. His 
household would naturally share the respect shown 
him by the people, and his children in their turn be- 
come rulers. Thus may hereditary monarchies come 
to exist. To guard against this gradual centraliza- 



PRINCIPLES. 21 

tion of power, the people have resorted to constitu- 
tions. The constitution is the supreme law of the 
state, and all other laws must be in accordance with 
it. It enumerates the rights of the people that the 
government must respect, prescribes the powers and 
duties of the different functions of the government, 
and makes provision for any changes that may be 
necessary to be made in the constitution. Constitu- 
tions may be written or unwritten. The advantage 
of a written constitution over an unwritten one is 
that it can not be changed except in the manner pre- 
scribed by its provisions, while an unwritten constitu- 
tion is constantly undergoing changes. The United 
States has a written constitution, while Great Britain 
has an unwritten constitution. 

17. In addition to the constitution of a state, spe- 
cial enactments and decisions are being constantly 

Laws, made to suit the demands of the times. These 
are called laws, and they must be in accordance with 
the provisions of the constitution. If they do not thus 
agree with the constitution they are said to be " un- 
constitutional," and hence without force. Laws are 
of two kinds, statute law and common law. Where 
the two conflict, statute law takes precedence. Statute 
law includes all the enactments in accordance with 
the constitution made by the legislative department 
of the government. Common law includes all the de- 
cisions of the courts not reversed, and all of the un- 
written law of England, not set aside by statute, and 
which, by precedent and long usage, has come to be 
recognized as established law. 



22 CIVIL GOVERNMENT. 

18. A code of laws is a collection of all the laws in 
force in a state, arranged in an orderly, systematic 

C L°aws°. f manner, and published by authority of the 
government as comprising all the laws in force in the 
state at that time. This code is sometimes called the 
General Statutes. As the legislative department is 
constantly making changes in the old laws and enact- 
ing new ones, the code is revised at intervals in order 
to eliminate laws that have been repealed and include 
new ones made. 

19. The penalty is the punishment inflicted upon 
a law-breaker for disobeying the law. This is ad- 

penaity. ministered in various ways, and varies in se- 
verity according to the enormity of the crime com- 
mitted. The most usual forms are execution, im- 
prisonment, disfranchisement, banishment and fine. 
In many of the less civilized countries torture is 
still inflicted upon the criminal. There must not only 
be a penalty prescribed for the violation of a law, but 
there must be a certainty that the penalty will be in- 
flicted. If this were not the case the people would 
have no respect for the law, and the government 
would have no control over them. 

20. A citizen is a member of the state entitled to 
the protection of the government of that state in the 

citizen, enjoyment of his civil liberty and privileges 
both at home and abroad. Citizens may be of two 
classes, native-born and naturalized. A native-born 
citizen is one born within the territory controlled by 
his government, or one born out of the limits of the 



PKINCIPLES. 23 

territory controlled by his government, provided that 
his parents were citizens at the time of his birth. A 
naturalized citizen is one born in a foreign country 
who emigrates to the country of his adoption, re- 
nounces allegiance to his native country, and com- 
plies with the requirements provided by his adopted 
country. A resident of a country who is not a citizen 
is called an alien. 

21. Suffrage is the right which the citizens of some 
states have of voting for the election of rulers or the 

suffrage, adoption of measures pertaining to the gov- 
ernment and welfare of the state. The election of 
officers is usually held at specified times, when the 
electors cast their votes according to the provisions 
of the constitution and laws of their country. An 
elector is a citizen who possesses the right of suffrage. 
A person convicted of a crime is sometimes deprived 
of the right of suffrage, or the privilege of holding 
office. He is then said to be disfranchised. 

22. The right of suffrage has not always been ac- 
corded the people. The time has been when all gov- 

M K J uT e Uy ernments were despotisms, and the people 
were made to believe, through their ignorance and 
superstition, that their rulers derived their authority 
directly from God. Civilization and enlightenment 
have shown the people the fallacy of this belief, and 
they have claimed the privilege of suffrage as a right, 
and in many instances have wrested the privilege 
from their unwilling rulers in hard-fought and bloody 
revolutions. The doctrine of suffrage is based upon 



24 CIVIL GOVERNMENT. 

the principle that the majority should rule. While 
the tendency, of all free governments is toward uni- 
versal suffrage, yet its consummation is practically 
unattainable. Citizenship includes not only men, but 
women, children, idiots, maniacs and convicts. There 
must always be some limit to the granting of the right 
of suffrage to these. We are yet very far from the 
point where a majority may be said to rule. As an 
illustration, take the election of Governor in Massa- 
chusetts in 1875 : 

Population of the state 1,651,652 

Number of persons entitled to vote, 351,056 
Number of votes cast for successful 

candidate 83,639 

It will be seen from these statistics that the number 
of persons expressing a choice for the successful can- 
didate for Governor was only about one-twentieth of 
the number of citizens in the state, and yet we say 
" a majority rules." 

23. By tenure of office is meant the term for which 
an officer is elected. In some cases, especially in raon- 

T office. ' archies, this is for life ; but in democracies 
the term is usually limited to a definite time, gener- 
ally a stated number of years. The advantage in 
having the term limited is that if he prove to be in- 
competent or unworthy, the people, by a new elec- 
tion, may remove him and elect a new officer. 

24. The capital of a country is the seat of govern- 
ment. It is here that the chief ruler resides. If the 

capital, etc. government be limited, the legislative bodies 
usually meet at this place, and the higher courts also 



PRINCIPLES. 25 

hold their sessions here. The metropolis of a coun- 
try is its chief city. 

REVIEW QUESTIONS. 

1. What is a state ? 

2. How else is the term sometimes used ? 

3. What is a society ? 

4. Why is society necessary to civilization ? 

5. What is government? 

6. Why is government necessary to the existence 
of a state ? 

7. What is civil government ? 

8. What is martial law? 

9. Show the distinction between civil government 
and martial law. 

10. How many functions has every perfect govern- 
ment, and what gives rise to them? 

11. Name each department of government and tell 
its function. 

12. In how many and what classes may all govern- 
ments be included ? 

13. Define each class. 

14. What is an absolute monarchy? 

15. By what other name is it sometimes known ? 

16. Give an example. 

17. What is a limited monarchy? 

18. Give an example. 

19. Give the principal features of resemblance and 
difference between an absolute and limited monarchy. 

20. Upon what other basis are monarchies divided, 
and into what classes ? 



26 CIVIL GOVERNMENT. 

21. What is an aristocracy? 

22. Give an example. 

23. Into what classes are aristocracies divided? 

24. "What is an oligarchy ? 

25. What is a democracy ? 

26. Into what classes are democracies divided ? 

27. What is a pure democracy? 

28. Give an example. 

29. What is a republic ? 

30. Give an example. 

31. Give the comparative merits of a republic and 
a pure democracy. 

32. What is the chief executive of a republic usually 
called ? 

33. What are mixed governments ? 

34. In what respects is Great Britain a mixed gov- 
ernment ? The United States ? 

35. By what names are monarchies usually known ? 
' 36. What is an empire ? 

37. Give an example. 

38. Give some of the names applied to rulers of 
empires. 

39. What is a kingdom? 

40. Give an example? 

41. What are the rulers of other forms of mon- 
archies called? 

42. What is a colonial government ? 

43. Give an example. 

44. What is a tribal government ? 

45. Give an example. 



PRINCIPLES. 27 

46. • What is anarchy ? 

47. What is the distinction between the govern- 
ment and the state ? 

48. What is meant by the sovereignty of a state ? 

49. What is a state called that is not a sovereign 
state ? 

50. Give an example of a sovereign state. Of a 
state not sovereign. 

51. Why is a close separation of the functions of 
government not advisable ? 

52. What is a constitution ? 

53. What is the purpose of a constitution ? 

54. How many and what kinds of constitutions are 
there ? 

55. What country is governed by a written consti- 
tution ? By an unwritten constitution ? 

56. What are laws ? 

57. What kinds of laws are there? Which is the 
higher authority when they conflict ? 

58. What does each include ? 

59. What is meant by a code of laws ? 

60. Why is it necessary to frequently revise the 
code? 

61. What is meant by penalty ? 

62. Why is a penalty necessary to the enforcement 
of a law ? 

63. What is a citizen ? 

64. In what ways may a person become a citizen ? 

65. What is an alien? 

66. What is suffrage ? 



28 CIVIL GOVERNMENT. 

67. What is an election ? Elector? 

68. What is meant by disfranchising a person ? 

69. What is meant by the " majority rule?" 

70. How have the people obtained the right of suf- 
frage ? 

71. What is meant by tenure of office? 

72. What is the advantage of having the length of 
term limited to a definite time ? 

73. In what form of government is the term usu- 
ally limited ? 

74. What is the capital of a country ? Metropolis ? 

75. What is the capital of the United States ? Of 
your State? 

76. What is the metropolis of the United States ? 
Of your State? 



GOVERNMENTS OF THE WORLD. 

I 1 Republics 

l 2 Of America 

l 3 North America 

1* United States 

2 4 Mexico 
2 3 South America 

1* Argentine Confederation 

2 4 Bolivia 

3 4 Chili 

4 4 Colombia 

5* Paraguay 

6 4 Peru 

7* Uruguay 

8 4 Venezuela. 

9* Ecuador 
3 s Central America 

1* Guatemala 

2* Costa Rica 

3* San Salvador 

4 4 Honduras 

5 4 Nicaragua 
4 s West Indies 

1* Hayti 

2 4 Santo Domingo 
2 2 Of Europe 
l 3 France 
2 3 Switzerland 
3 3 Andorra (in Spain) 
4 3 San Marino (in Italy) 
3 2 Of Africa 

l 3 Liberia (Negroesfrom U. S.) 
2 3 Orange River Free State. 
3 3 Transvaal Republic 
2 1 Empires 

l 2 Of South America — Brazil 
2 2 Of Europe 
l 3 Germany 
2 3 Austria-Hungary 
3 3 Russia 
4 3 Turkey 
3 2 Of Asia 
l 3 China 

(29) 



30 



CIVIL GOVERNMENT. 



2 3 Japan 

3 3 Turkey (belonging to Turkey in Europe) 
4 s Turkestan 
5 3 Persia 
4 2 Of Africa — Morocco 
3 1 Kingdoms 

l 2 Of Europe 
l 3 Belgium 
2 3 Denmark 

3 3 Great Britain and Ireland 
4 3 Italy 

5 3 Netherlands (Holland) 
6 3 Portugal 
7 3 Spain 

8 3 Norway and Sweden 
9 3 Greece 
10 3 Servia 
ll 3 Koumania 
12 3 Montenegro 
2 2 Of Asia 

l 3 Burmah] 
2 3 Siam J-Indo-China 
3 3 An am J 
3 8 Of Africa. 

I 3 Abyssinia 
2 3 Madagascar 
3 3 Ash an tee 
4 3 Dahomy 
4 2 Oceania — Hawaiian Islands 
4 1 Tribal Governments 
l 2 Of Asia 

l 3 Southern Arabia 
2 3 Afghanistan and Beloochigtan 
2 2 Of Africa 

l 3 The Sahara 

2 3 Soudan and Equatorial Africa 
3 3 Senegambia 
4 3 Zanquebar 
5 1 Colonial Governments 
l 2 Of America 

l 3 North America 

l 4 Greenland and Iceland (Belong to Denmark) 
2 4 Dominion of Canada "I r . n . r> .. . N 
3 4 Newfoundland } «° Great BrUain ^ 

2 3 South America 

1* British Guiana (to Great Britain) 



PRINCIPLES. 31 

2 4 French Guiana (to France) 
3 4 Dutch Guiana (to Holland) 
3 3 Central America — Balize (to Great Britain) 
4 s West Indies 

1* Greater Antilles 

l 5 Cuba and Porto Eico (to Spain) 

2 5 Jamaica (to Great Britain) 
2 4 Lesser Antilles 

l 5 Santa Cruz ) ,, ^ M 

2*St.Tl l omas}( to - D<!m ' ,crf ) 

5 5 The other Islands (to Great Britain) 
3 4 The Bahamas (to Great Britain) 
2 2 Of Europe 

l 3 Gibraltar (to Great Britain) 

2 3 Malta (to Great Britain) 

3 3 Corsica (to France) 

4 3 Balearic Isles (to Spain) 

5 3 Bulgaria (to Turkey) 
3 2 Of Asia 

l 3 Hindostan ") 

2 3 British Burmah 

3 3 Ceylon 

4 3 Hong-Kong )■ (to Great Britain) 

5 3 Aden 

6 3 Singapore 

7 3 Malacca J 

8 s Lower Cochin China (to France) 

9 3 Siberia ~\ 

10 3 Trans-Caucasia >■ (to Russia) 
ll 3 Soongaria ) 

4 3 Of Africa 

l 3 Egypt -J 

l^rTpoli \ (t° Turkey) 

4 3 Barca J 

5 3 Centa •) 

6 3 Fernando Po >- (to Spain) 

7 3 Canary Islands J 

8 3 Cape Colony "] 

9 3 Sierra Leone 
10 3 Gold Coast 

ll 3 Natal }■ (to Great Britain) 

12 3 St. Helena 
13 3 Ascension 
14 3 Mauritius 



32 CIVIL GOVERNMENT. 

15 3 Algeria (to France) 
16 3 Cape Verde Islands y ,. tv , ,\ 
17* Madeira Island } (^ Portugal) 
5 2 Of Oceania 

l 3 Java ] 

2 3 Borneo 

3 3 Sumatra , , n» j\ 

4 3 Celebes \ ( to Holland ^ 

^ 5 3 Moluccas 

6 3 New Guinea J 

7 3 Australia 1 

8 3 Tasmania >- (to Great Britain) 

9 3 New Zealand J 
10 3 Philippine ) 
ll 3 Ladrone > (to Spain) 
12 3 Caroline J _ 
13 3 New Caledonia (to France) 



CHAPTER II. 

OBLIGATIONS OF A GOVERNMENT TO ITS CITIZENS. 

25. The standard of society is measured by the char- 
acter of the individuals composing it. If they be good, 
Indi soctef y a . of it w ill be good ; if they be bad, it will be bad. 
The character of the government depends upon the in- 
dividuals of society and its relation to them, for it is 
from them that it derives its authority and character. 
Each individual is a part of the state and under the 
control of the government, and he should know his 
rights and perform his duties. If he neglect or fail to 
do so, he menaces the government and wrongs each in- 
dividual of society, and hence himself. The govern- 
ment, therefore, must have direct control over each 
individual, and protect him in his rights and require 
him to perform his duties. If we would but stop to 
consider the terrific struggles and hardships our fore- 
fathers passed through in order to secure to them- 
selves and us the rights and privileges which we now 
enjoy, we would not be so careless about maintaining 
and exercising them. 

26. In committing to a portion of their number the 
authority of government, the citizens have a three-fold 
Go°v?r e nmen f t. object in view : first, to secure justice to the 
individual members of the state ; second, to promote 
the general welfare ; third, to defend the state from 
invasion from without and rebellion from within. 

3 (33) 



34 CIVIL GOVERNMENT. 

27. Natural rights are inherent rights common to 
all the individuals of the state. They are not inher- 

mgllf! ited, but are born with the individual. All 
men are born with equal rights, and have possessed 
these rights since the creation of man ; and yet it is 
strange that this grand principle has never been fully 
accepted until within the last quarter of a century, or 
since the emancipation of the negro slaves during the 
civil war. Natural rights may be grouped in four 
classes, viz.: industrial rights, social rights, political 
rights, and religious rights. . 

28. Industrial rights are of first importance, and 
are numerous and varied. The primary object of 

eights 1 ? 1 these rights is to enable a citizen to support 
himself and those dependent upon him in an honora- 
ble manner. They embrace the right to hold and 
possess the title to property, the rights of laborers 
and employers, the rights that affect the productive 
interests of the country — the farms, mines, manufac- 
tories, railroads, etc., — and, in fact, all the industrial 
relations, not only within a nation, but between na- 
tions. 

29. Social rights are the rights which individuals 
of society enjoy in common with their fellow -citi- 
sociai Eights, zens. While individual rights are of high 
and sacred importance, yet they are subservient to 
the rights of society. The welfare of society is of 
greater moment than the comfort of the individual ; 
and when the interests of the individual conflict with 
the interests of society, the individual must yield. 



PRINCIPLES. 35 

Social rights are comprehensive and varied in their 
character, and include the establishment and mainte- 
nance of public schools, reformatories, penitentiaries, 
and eleemosynary institutions, such as asylums for 
the insane, feeble-minded, blind, deaf and dumb, des- 
titute, etc. Social rights also include the promotion 
and preservation of the public health and comfort, 
good roads, bridges, streets, public buildings, lighting, 
etc. 

30. Political rights are the rights which citizens 
have of a voice and vote in the management of "pub- 

EigSts? 1 lie affairs, the election of officers, the making 
of laws, etc. Every intelligent citizen has ideas and 
opinions of his own as to how the government should 
be controlled and managed, and his political rights 
give him the privilege of expressing them, and, with 
the aid and cooperation of his fellow-citizens, of car- 
rying them into effect. Men naturally want to gov- 
ern, and are anxious to have their own ideas enforced. 
This gives rise to a diversity of opinions; and, in or- 
der to unify public opinion as much as possible and 
carry these ideas into effect, political parties are or- 
ganized. Political rights include all those rights of 
opinion concerning government, such as the best kind 
of government ; the manner of administering the gov- 
ernment; who shall exercise the authority of govern- 
ment; and where that authority shall be vested. Po- 
litical rights have assumed so much importance in the 
minds of citizens of this country that they are looked 
upon as being the supreme interests of the people. 



36 CIVIL GOVERNMENT. 

But this is a mistake, for they are only one of a 
group of rights of equal interest, and importance. 

31. Religions rights are the rights of a citizen to 
his own opinions upon religion, and the right to wor- 
rit™ 8 ship as he pleases, or not to worship at all. 

Every intelligent man has some religious or moral 
ideas. Religious liberty gives him the right to enter- 
tain, express and exercise these rights as freely as he 
chooses, so long as he does not interfere with the 
rights and privileges of others. Some of the bloodi- 
est wars in the history of the world have been fought 
to establish religious rights. These rights are con- 
cerned in the maintenance of religion, regard for the 
Sabbath, public worship, moral advancement of the 
world, and the conscientious discharge of the, duties 
of life. 

32. Personal security is the right to enjoy life, 
body, health and reputation. It means not only to 

Ucurfty! ^ v ^, but to live in security and safety, with- 
out fear of molestation, or necessity for self-defense. 
A government that fails to suppress and punish deeds 
of violence and bloodshed, violates one of its most sa- 
cred obligations. 

33. The malicious taking of the life of a citizen is 
called murder. As this is the most serious offense 

Murder, against the personal liberty of citizens, it is 
made the highest crime known to the law, and is 
punishable by death. If the punishment were not so 
severe, murder would be much more frequent than it 
is. 



PRINCIPLES. 37 

34. A government shows its regard for the safety 
of the lives of its citizens by the promptness and care 

inquests, it displays in investigating all cases of death 
from doubtful or suspicious causes. If a human body 
be found attended with evidences or circumstances 
indicating a sudden or violent death, the government, 
through its coroner, holds an inquest over the body, 
to inquire into the cause of death, and who, if any 
one, is the guilty party. In case of death from acci- 
dent, an inquest is held to ascertain who, if any one, 
is responsible. 

35. The consideration of the government for the 
personal security of individuals is also exemplified by 

Travelers, the vigilance which it exercises in promot- 
ing the safety and comfort of travelers. Railroads 
are required to keep their tracks and trains in good 
repair, and to use the utmost care in preventing acci- 
dents. Steamboats and ships are required to provide 
life-boats, life-preservers and all other appliances nec- 
essary to the safety and welfare of passengers and 
sailors. The government .also provides light-houses 
to enable vessels to avoid dangerous reefs and shores. 

36. It is the duty of the government to take meas- 
ures to prevent the spreading of contagious diseases, 

He u a b ith. and otherwise to promote the general health 
of its subjects. This is usually done through a board 
of health, whose duty it is to quarantine cities in- 
fected with contagious diseases, to cause streets, alleys, 
yards and buildings in cities and towns to be kept in a 
cleanly condition, and to require powder-making, 



38 CIVIL GOVERNMENT. . 

slaughter-houses, bone-dust factories, etc., to be kept 
at a safe distance from habitations. It is also the 
duty of the government to provide hospitals and asy- 
lums for the treatment and the comfort of the sick. 

37. Next to life, the true citizen values his reputa- 
tion. Many value it even above life, as is exemplified 

Reputation, in the cases of those who, having lost the 
one, have taken the other. It is, therefore, the duty 
of the government to protect him against false and 
malicious utterances tending to injure his business or 
destroy his peace of mind. Utterances of this kind, 
if spoken, constitute slander ; and, if printed or writ- 
ten, libel. 

38. In order for a person to gratify his inclinations 
to their fullest extent and be absolutely unrestrained 

EiEy. 1 i n hi s actions, he would have to live out of 
the pale of civilization, in solitude. Man born into 
society is hedged about by restraints and limitations 
on all sides. He must necessarily be restricted in his 
actions that he may enjoy personal liberty. A man 
may do as he pleases so long as he does not inter- 
fere with the rights of others. A man has a ri^ht 
to come and go at will, but he can not walk through 
another's house or premises without permission ; he 
has a right to acquire, use and dispose of property 
and time, but he may not steal money or property, or 
obtain it by fraud, nor burn his own building, nor 
spend his time in idleness as a vagabond ; he has a 
right to speak freely upon any subject, but he may 
not slander his neighbor with impunity ; he has a 



PRINCIPLES. 39 

right to worship according to the dictates of his own 
conscience, but he can not practice a religion detri- 
mental to public morals. 

39. A writ of habeas corpus is a written instrument 
issued by a judge or court to a person holding another 
Habeas corpus, in custody commanding such person to bring 
the person in his custody before the judge or court 
at a certain time and place, to show why he thus 
holds him in custody. This writ is one of the most 
important means of securing personal liberty. With- 
out it an officer might unjustly imprison a person 
without cause whatever and keep him in confinement 
to await the action of the court. 

40. A person's natural rights are limited in two 
ways, first, by the requirements of the state, and sec- 
civii Liberty, ond, by the rights of his neighbors. Civil 
liberty is the enjoyment of our natural rights subject 
to these two restrictions. Civil liberty, therefore, is 
liberty under law, and is the basis of national pros- 
perity. 

41. So long as a man exercises his rights subject to 
these restrictions he is a law-abiding citizen; but, 
For R f fg t b U ts! of when he violates the rights of others, he 
becomes an enemy of the state ; and the government, 
in order to protect society and prevent a repetition of 
the offense, may deprive him of his personal liberty 
by imprisonment, or his property by fine, or his life 
by legal execution. 

42. The right of property is the right of acquiring, 
using and disposing of anything that a person may 



40 CIVIL GOVERNMENT. 

p^rt /. call his own, including not only property, 
but time and labor as well. This right may be vio- 
lated in numerous ways. A man's property may be 
stolen, burned, or otherwise destroyed, or he may be 
defrauded of it, or it may be borrowed and not re- 
turned to him. His interest, his rents, or even his 
wages may not be paid. It is the duty of the govern- 
ment to protect every individual against all of these 
evils. To protect him in the possession of his prop- 
erty, laws are passed punishing theft, arson and fraud ; 
to protect him in his time and labor, laws are passed 
concerning corporations, and the relations of master 
and servant, landlord and tenant, debtor and creditor. 
The government has even gone farther than this. It 
has made laws by which a man is enabled, by means 
of a will, to dispose of his property after death. Prop- 
erty is of two kinds, real estate and personal. The 
title to real estate is usually acquired and held by 
deed, an instrument drawn up and executed by the 
grantor and delivered to the grantee, which deed is 
usually recorded in a public record. The title to per- 
sonal property is evidenced by possession, unless a 
wrongful conversion is shown. 

43. It is the duty of the government to defend the 
state from all enemies, both foreign and domestic. 

upstate? This is one of the government's most im- 
portant obligations, and should not be neglected an 
instant after the state has been menaced with invasion 
or rebellion. In defending the state the government 
is justified in drawing upon the resotfrces of the state 



PRINCIPLES. 41 

and the personal services of its citizens until the 
former is exhausted and the latter have lost 'their 
lives, so long as there is any hope. The government 
is justified in doing this in defense of the state, but 
not otherwise. It has no right to squander the re- 
sources of the state or hazard the lives of its citizens 
merely for the sake of conquest. 

44. The relations between nations are very pecu- 
liar. They make treaties and submit to arbitrations 

In ReiatUn° al specifying their relations and duties to each 
other, and yet there is no power to compel them to 
submit. There is no authority on earth higher than 
a sovereign state. If it violate the law of nations the 
injured state can only obtain redress by resort to 
arms, unless the guilty state sees fit to make amends 
in some other way. There are certain moral obliga- 
tions which civilized nations regard as binding upon 
each other, although there is no penalty attached to 
their violation. Among these are treaties and awards 
of arbitrations. Collectively they constitute the in- 
ternational law, or the law of nations. The obliga- 
tions of one state to another are some of its most sacred 
duties, for it is only by respecting the rights of other 
states that it can hope to have its own rights re- 
spected. It is the moral duty of every state to do all 
in its power to promote the general good feeling and 
respect between the various nations of the world. 

45. It is the duty of the government to do all in its 
power to promote the general welfare. It can do this 



42 CIVIL GOVERNMENT. 

Prompting in numerous ways, the most important of 
w e e n ifa*e. which is carrying out measures of public 
utility. It should issue a currency sufficient to sup- 
ply the demands of trade, and this should be upon a 
sound financial basis. Banks should be established 
and means of communication and transportation pro- 
moted. The government can also do much to build 
up the industries of a country. In the interests of 
commerce it surveys coasts, makes maps, makes har- 
bors, dredges rivers, builds levees, publishes weather 
reports, and sends its war ships upon the seas to pro- 
tect American seamen. It promotes agriculture by 
giving farms to settlers under the preemption and 
homestead laws, and by distributing seeds and plants. 
It encourages manufacturing by levying import duties 
upon foreign commodities, so as to give the home 
manufactories the benefit of the home market. 

46. One of the most sacred obligations of a govern- 
ment to its citizens is to provide for their general eel- 
Education, ucation. This is especially true of republics. 
As education is the enemy of monarchies, so igno- 
rance is the enemy of republics. In republics the su- 
preme authority is vested in the people, and this is a 
dangerous weapon when not handled intelligently. 
The people elect their own officers, from among their 
own number, and these officers make, decide and ex- 
ecute the laws for their government. General educa- 
tion is promoted by establishing public schools, pub- 
lic libraries, etc. The government should not only 
provide public schools, but it should also make pro- 



PRINCIPLES. 43 

vision for the attendance of children. A citizen has 
no right to grow up in ignorance, for it is not a mat- 
ter personal to himself. An ignorant citizen is a pub- 
lic calamity. Hence, it is a matter of public utility 
that the government require the attendance of chil- 
dren at # school. 

47. A bill of attainder is a law inflicting capital 
punishment upon a criminal without giving him the 

Attainder, benefit of a hearing before a judicial tribunal. 
It usually works corruption of blood, by which a per- 
son so attainted is prevented from inheriting or trans- 
mitting property. Such a law inflicting a punishment 
short of death is called a bill of pains and penalties. 
Such laws are grossly unjust, and should never be 
passed by any government. The government of the 
United States prohibits the passing of them by any 
of the States. 

48. An ex post facto law is one that creates a crime, 
aggravates it, increases the penalty, or changes the 

Fa?to P L°lw. rules of evidence. This applies to acts com- 
mitted before the law was passed. This is an un- 
just law also, as a person should be amenable only to 
the law in force at the time of the commission of the 
act. 

REVIEW QUESTIONS. 

1. How is the standard of society measured? 

2. Upon what does the character of the government 
depend? 

3. What is the duty of individuals of society? 



44 CIVIL GOVERNMENT. 

4. "What control should the government exercise 
over them ? 

5. What are the objects of government? 

6. What are natural rights ? 

7. How does the individual acquire these rights ? 

8. Into what classes are natural rights divided ? 

9. What are industrial rights ? 

10. What do they embrace? 

11. What are social rights ? 

12. What is the relation of social rights to individ- 
ual rights ? 

13. What do social rights include ? 

14. What are political rights ? 

15. Why are political parties organized? 

16. What do political rights include ? 

17. What are religious rights ? 

18. What do these rights include ? 

19. What is personal security ? 

20. What is murder? 

21. What punishment is sometimes inflicted for 
murder? 

22. Why is the punishment so severe ? 

23. What is an inquest ? 

24. Why are inquests held ? 

25. What officer usually holds the inquests? 

26. What care should the government exercise over 
the safety of travelers ? 

27. What requirements are exacted of railroads ? 
Of steamboats ? 



PUIXCIPLES. 45 

28. What does the government provide for the 
safety of seamen ? 

29. What is the duty of the government in regard 
to the public health ? 

30. What is a board of health? 

31. What are the duties of this board ? 

32. What should the government provide for des- 
titute sick and afflicted ? 

33. Why is reputation so valuable ? 

34. What is the duty of the government in regard 
to the reputation of its citizens? 

35. What is slander? Libel? 

36. What is personal liberty ? 

37. Under what conditions only could a man enjoy 
absolute personal liberty? Why? 

38. To what extent may a man do as he pleases ? 

39. Give some examples of the applications of this 
rule. 

40. What is a writ of habeas corpus ? 

41. What is the importance of this writ? 

42. In what ways are a person's natural rights lim- 
ited ? 

43. What is civil liberty? 

44. Of what is it the basis? 

45. How may a person forfeit his rights ? 

6. What may the government do with such a per- 
son? 

47. What is the right of property ? 

48. How may this right be violated? 

49. How is a citizen protected in this right? 



46 CIVIL GOVEKNMENT. 

50. Into what two classes is property divided? 

51. How is the title to real estate acquired and 
held? 

52. How is the title to personal property evidenced? 

53. What is the duty of the government in regard 
to defending the state ? 

&4. What resources may the government call into 
requisition to defend the state ? 

55. What is said of international relations? 

56. What is the international law? 

57. Why should one state respect the rights of an- 
other ? 

58. What is the duty of the government in regard 
to promoting the general welfare ? 

• 59. How can it do this ? 

60. Name some of the most important measures of 
public utility. * 

61. How can the government aid in building up 
the industries of the country ? 

62. What are the duties of the government in re- 
gard to education ? 

63. Why is this especially the case in republics ? 

64. How is general education promoted? 

65. What is said of the attendance of children at 
school ? 

66. What is a bill of attainder? 

67. What is meant by corruption of blood? 

68. What is a bill of pains and penalties? 

69. Why are these laws unjust? 

70. What are ex post facto laws ? 

71. Why are such laws unjust? 



CHAPTER III. 

OBLIGATIONS OF A CITIZEN TO HIS GOVERNMENT. 

49. Every individual of society has a right to be a 
citizen unless he forfeit this right by his own act. It 

citizenship, is true that many persons are deprived of 
citizenship without any act of their own, but this does 
not deprive them of the right to citizenship. The 
blame rests with the government that withholds the 
right. It is a privilege of which to be proud to be a 
citizen of such a glorious country as our own. The 
citizen of this country is on an equal footing with the 
highest potentate in the world, for in him is vested 
the supreme power of the land. Every man, woman 
and child born in this country are citizens ; and those 
who come from foreign countries with the intention 
of adopting this country may become citizens by 
complying with certain requirements. Citizenship in 
the United States carries with it many great respon- 
sibilities. It is the duty of every citizen to learn 
these responsibilities and discharge them faithfully. 
A citizen who fails to do so is an enemy to the state 
and merits the condemnation of his fellow-citizens. 
The man who does not appreciate and feel proud of 
the privileges he enjoys as an American citizen lacks 
the elements of true manhood. 

50. "While citizenship has its privileges, it also has 
its duties. One of the most sacred of these is the sup- 

Gove p r p n°men f t. port of the government. The citizen who 

(47) 



48 CIVIL GOVERNMENT. 

receives the protection of the government is in duty 
bound to support it. This he must do in every hon- 
orable way within his power. 

51. One of the most effective ways of supporting 
the government is by showing respect for its author- 

obedience. ity by obeying its laws. Every disobedience 
of law, is a thrust at the life of the government, and, 
unless promptly punished, weakens its power. The 
strength of a government is measured not so much by 
the promptness with which it punishes violations of 
its laws as by the general obedience of its laws by its 
citizens. Evasion of law is morally as bad as willful 
violation of it. All good citizens will obey the spirit 
of a law as well as the letter of it. 

52. It is not only the duty of the citizen to support 
the government morally, by respecting its authority 

Taxation, and laws, but he should support it pecuni- 
arily, by contributing to its support of his means ac- 
cording to his ability. Pecuniary support is neces- 
sary to the existence of the government, as its officers 
must be paid for their services, and its other expenses 
defrayed. As it is through the authority of the .gov- 
ernment that the citizen is permitted to acquire and 
hold property in his own right, he should willingly 
and gladly contribute the small pittance, called taxes, 
to its support. The man who refuses or avoids pay- 
ing his taxes, or conceals his property and makes 
false returns to the assessor, defrauds and robs his 
government of that which justly belongs to it, and is 
as much a thief as if he had taken the money from his 
neighbor's pocket. 



PKINCIPLES. 49 

53. The right of eminent domain is the right which 
the government has of taking the private property of 

Domain? an individual and converting it to public use 
when such conversion will be for the public good. 
This the government may do without the consent of 
the individual. For instance, if a school-house is to 
be built, the government may select a site for it and 
then compel the owner of the land to give up ground 
enough for the site. This right is also exercised in 
the building of railroads. It differs from taxation in 
that it is not exercised upon all individuals alike ; and 
also in that the individual receives compensation for 
the property taken, such compensation being fixed by 
disinterested parties chosen for that purpose. As this 
is another instance of the interests of society conflict- 
ing with the individual, the individual should submit 
willingly and uncomplainingly. 

54. It is the duty of every able-bodied citizen to 
take up arms in defense of his government whenever 



f its existence is threatened by invasion or re- 



Government. 



bellion. The government by its authority has stayed 
the red hand of the assassin when aimed at him or his 
family, and he must be an ingrate indeed if he turn 
a deaf ear to the call of his country when the life of 
his government is menaced by an enemy. 

55. A patriot is a citizen who willingly meets his 
obligations and cheerfully performs all of his duties as 
patriotism, a citizen. He loves his country better than 
his own life, and will unhesitatingly face death in de- 
fense of it. 
4 



50 CIVIL GOVERNMENT. 

56. When a government fails to meet its obliga- 
tions to its citizens, or when its acts are contrary to 

Eevoiution. the authority vested in it by the people and 
injurious to the public welfare, it is the duty of the 
people to seek redress either by effecting a change in 
the form of government or its mode of administration. 
This is revolution, and may be effected in either, or 
both, of two ways : first, by moral resistance ; secoud, by 
force of arms. Under the former method are included 
complaint, petition, and the ballot-box. The latter 
method should ouly be resorted to after all other 
means fail, and then only when there is a fair pros- 
pect of success. A government may be ever so un- 
just and oppressive, yet it is better to suffer the injus- 
tice than to engage in a rebellion which is certain to 
be defeated. The loss of life and property is so great 
resulting from a civil war that it is an enormous crime 
to inaugurate a rebellion without some reasonable as- 
surance of success. 

57. Rebellion is armed resistance against the au- 
thority of the government. While it may be the 

Rebellion, moral duty of the citizen to rebel, yet the 
duty of the government is no less plain. It must look 
upon all rebels as traitors, and, if it succeed in putting 
clown the rebellion, must punish them as such. The 
man that rebels against his government takes his life 
in his own hands. 

58. The various duties of a citizen as such are 
moral obligations which he can not conscientiously 



reo f. evade. If he desire to merit the respect 



Political Duties. 



PRINCIPLES. 51 

and esteem of his fellow-citizens he will not attempt 
to evade them ; but, on the contrary, will earnestly 
strive to perform all of them with faithfulness. They 
come under the golden rule that every man should do 
unto others as he would have them do unto him. 

59. Suffrage is not only a right which a citizen 
possesses, but it is a sacred duty which he is bound 
Duty to vote, to conscientiously perform. The right to 
vote gives a citizen a voice in the selection of officers, 
and hence in making the laws. If he neglect to ex- 
ercise this right in the true spirit he wrongs not only 
himself, but the state. Pure administration and proper 
legislation demand an honest expression of the views 
and wants of the people. This is done by means of 
the ballot-box. The theory upon which suffrage is 
based is that the majority should rule. If there be 
not a general and honest vote the ballot-box will not 
express the will of the majority. Suffrage is a sacred 
trust, for it is a power delegated to the few for the 
control, of the many. That many have a right to de- 
mand of the favored few an honest expression of 
their views; and he who perverts this authority 
through personal or mercenary motives commits a 
crime, for he robs those dependent ones of his vote. 
He is no less guilty who willfully fails to cast his bal- 
lot. When the state grants the right of suffrage to 
a citizen it has the right to demand of that citizen 
that he use that right, and use it honestly. He who 
stands aloof and holds up his hands in holy horror 
and refuses to vote simply because he does not want 



52 CIVIL GOVERNMENT. 

to mix with the " rabble " in the " dirty pool of poli- 
tics," disfranchises himself and willingly submits to 
being the slave of that " rabble." The true citizen 
will buckle on his armor and rout the " rabble," and 
place honest men in office, and thus secure pure ad- 
mi nistration . 

60. In order that a citizen may be able to exercise 
the right of suffrage intelligently, it is necessary for 

Go u vMnient! ^' im to acquaint himself with the workings 
of the several departments of his government and the 
qualifications and duties of its various officers. He 
must do this in order to know when a candidate for 
an office is qualified for the office, and whether or not 
the incumbent faithfully and honestly performs his 
duties. He should study civil government so that he 
may know his own duties as a citizen, and be able to 
perform them intelligently. 

61. Political parties, instead of being great national 
evils, as many persons assert, are the source of great 

parties! public good. It is only through them that 
great political reforms are ever effected. "Were it not 
for them the will of the majority could never be ex- 
pressed, for the people would be so divided in /their 
opinions that a plurality of votes upon any issue 
would be far from a majority. In order to carry out 
and perpetuate great political ideas men lose sight 
of petty differences of opinion and unite upon these 
great issues, and thus political parties are organized. 
It is useless for a man to separate himself from all of 
them; he might as well disfranchise himself. It 



PRINCIPLES. 53 

is the duty of every citizen to acquaint himself with 
the principles of each of the great political parties and 
ascertain which of them approximates the nearest to 
his idea of excellence, and then identify himself with 
that party. He will probably find some minor things 
with which he is not in sympathy, but he should not 
allow these petty matters to defeat the greater issues 
advocated by the party which accord with his views. 
He should identify himself with the party of his 
choice, and endeavor to eliminate the objectionable 
features. It is a serious matter for a young man to 
decide for himself what political party he will adopt, 
and he should exercise great care and forethought in 
doing so, for his future political career depends in a 
great measure upon this first step. He should not 
support a party simply for the reason that his father 
or his friends belong to it, but he should do so, after 
diligent and careful study of the various parties, be- 
cause he believes it to be the best party. 

62. It is the duty of every citizen to use his influ- 
ence, and his time and means, so far as he is able, in 
Pub pd3?3 ntei " promoting all public enterprises calculated 
to increase the public welfare. These may be many 
and varied in their character, such as school-houses, 
court-houses, and other public buildings, the estab- 
lishment and repair of public roads, public asylums, 
almshouses, the promotion of the public health, the 
promotion of private enterprises of public utility, and 
many other things. It is equally his duty to oppose 
all enterprises calculated to prove detrimental to the 
public welfare. 



54 CIVIL GOVERNMENT. 

68. Every good citizen should endeavor to give his 
children all the opportunities possible for obtaining 
Ed c u h c ndren! f an education. He should provide them with 
books and encourage their regular attendance at the 
public schools. It is his duty to show them the im- 
portance of obtaining an education: important not 
only in making them intelligent and valuable citizens, 
but important in that it will better fit them for their 
vocations in life and enlarge their capacities for enjoy- 
ing life. 

64. Every individual should be a member of soci- 
ety. No man has a right to isolate himself from so- 

iSSt^ ciety and live a hermit; neither has he the 
right to surround himself with a few select associates, 
and erect a barrier between himself and the balance 
of society. Aristocracies are repugnant to our insti- 
tutions, and the fundamental principle upon which 
our government is based is the equality of men. Each 
individual should look upon every other individual 
as his equal, and treat him as such. Man should be 
neighborly with his fellow-men, and strive to culti- 
vate their friendship and avoid all animosity. He 
should so deport himself in society that society will 
be better for his having lived ; and he should strive 
to make himself indispensable to each of his neigh- 
bors. No better tribute can be paid to the memory 
of a man than that his death is a loss to the commu- 
nity. The man whose death leaves no void behind 
him has made a failure of life. 

65. Every man should guard his character zeal- 



PRINCIPLES. 55 

ously. It is his best capital in stock, and once lost is 
Morality, hard to regain. It is like a broken vessel: 
it may be mended, but the crack will always show. 
Show me a man whose word can be depended on, 
and who strives to meet all of his obligations, and 
I will show you a man highly respected in the com- 
munity in which he lives. These two virtues hide a 
multitude of faults. A man should not only be pos- 
sessed of honesty and integrity, but his moral conduct 
and deportment should be such as to elevate the moral 
tone of society. His life should be an example wor- 
thy of the imitation of his associates. 

66. It is the duty of every citizen to pursue some 
legitimate vocation. E~o man has a right to live in 
occupation, idleness. Even riches are no excuse for in- 
dolence. Idleness is the breeder of vice. Occupation 
is the source of contentment and happiness. It is the 
duty of every parent to rear his children up to be in- 
dustrious citizens. The parent that rears his child in 
idleness and indolence has not only blighted the life 
of his own child, but he has raised up an enemy to 
the state and to society. 

REVIEW QUESTIONS. 

1. Who have a right to be citizens ? 

2. Why is it a great privilege to be a citizen of 
the United States ? 

3. Who may be citizens of the United States ? 

4. What duty has a citizen of the United States 
in regard to his responsibilities ? 



56 CIVIL GOVERNMENT. 

5. What is said of the duty of a citizen to support 
his government? 

6. Why should a citizen obey the laws of his coun- 
try? 

7. What is said of evasion of law? 

8. What are taxes ? 

9. Why should a citizen pay taxes ? 

10. What is said of a man who refuses or avoids 
paying his taxes?. 

11. What is the right of eminent domain ? 

12. Give an example. 

13. How does it differ from taxation? 

14. Why should a man submit to this right of the 
government? 

15. Why should a citizen take up arms and defend 
his country? 

16. When is it his duty to do this ? 

17. What is a patriot? 

18. What is revolution? 

19. When is revolution justifiable ? 

20. In what ways may it be effected ? 

21. When are the citizens justifiable in resorting to 
force of arms ? Why ? 

22. What is rebellion ? 

23. Why should a government strive to put down 
a rebellion ? 

24. What should the government do with traitors ? 

25. What responsibility does a man assume when 
he rebels? 

26. Why are political duties moral obligations? 



PRINCIPLES. 57 

27. Under what rule do they come? 

28. Why is the right of suffrage a duty as well as a 
privilege ? 

29. Upon what does pure administration and proper 
legislation depend? 

30. What is the theory upon which suffrage is 
based ? 

31. Why is suffrage a trust? 

32. Who are the many that have not the right of 
suffrage ? 

33. Why is it a crime for a person to fail to vote, 
or to permit personal or mercenary motives to influ- 
ence his vote ? 

- 34. What is said of the man who refuses to have 
anything to do with politics ? 

35. What is said of the true citizen ? 

36. Why should a citizen study civil government ? 

37. What is said of the importance of political 
parties ? 

38. How are political parties organized, and for 
what purpose ? 

39. Why should every man identify himself with 
some political party ? 

40. Why should he acquaint himself with the prin- 
ples of all political parties ? 

41. Why is it a serious matter for a young man to 
decide what political party to adopt ? 

42. How should he proceed to identify himself with 
a political party? 

43. What is the duty of a citizen in regard to pub- 
lic enterprises ? 



58 CIVIL GOVERNMENT. 

44. What are public enterprises? Give examples. 

45. What is the duty of a citizen in regard to edu- 
cating his children ? 

46. Why is it important that children should be 
educated? 

47. Why should a man identify himself with soci- 
ety ? 

48. "Why has no man a right to isolate himself from 
society ? 

49. What is said of aristocracies ? 

50. "What is the fundamental principle upon which 
our government is based ? 

51. How should individuals of society look upon 
each other? 

52. How should a citizen deport himself in society ? 

53. What is one of the best tributes that can be 
paid to the memory of a man? One of the poorest? 

54. Why should a man guard his character? 

55. What is said of a man whose word can be de- 
pended on and who strives to meet all of his obliga- 
tions? 

56. What is said of a man's moral conduct and de- 
portment ? 

57. What industrial obligation is placed upon every 
citizen ? Why ? 

58. Where does idleness lead ? Occupation ? 

59. What is the duty of parents to their children in 
this regard ? 

60. What is said of a parent that rears his child in 
idleness and indolence? 



PART II. 

CIVIL GOVERNMENT OF THE UNITED STATES. 



PART II 



CIVIL GOVERNMENT OF THE UNITED STATES. 



CHAPTER IV. 

ORIGIN AND NATURE OF OUR GOVERNMENT. 

67. The thirteen original colonies which effected 
American independence and established our present 

Thirteen government are as follows : New Hampshire, 

Original ° r ' 

colonies. Massachusetts, Ehode Island, Connecticut, 
New York, Pennsylvania, New Jersey, Delaware, 
Maryland, Virginia, North Carolina, South Carolina 
and Georgia. These colonies were settled at various 
times extending over a period of one hundred and 
twenty-six years, from the settlement of Virginia in 
1607 to the settlement of Georgia in 1733. 

68. These thirteen colonies were subject to and un- 
der the control of Great Britain. Two of them were 
oSSfeSuL. first settled by other nations, — New York by 
the Dutch, and Delaware by the Swedes, — but Great 
Britain subsequently acquired control of them. She 
claimed the right to them by virtue of discovery and 
exploration. This right was recognized by European 

(61) 



62 CIVIL GOVEKNMENT 

nations to be a sufficient foundation upon which to 
^ase their respective claims to American territory. 

69. While the colonies were directly under the con- 
trol of the mother country, yet they had no direct 

Kinds of political connection with each other. They 

Colonial r J 

Governments. were separate states with separate govern- 
ments. There were three kinds of colonial govern- 
ments : Provincial, Proprietary and Charter. 

70. The Provincial, or Royal, government was one 
directly controlled by the Crown, who appointed the 
Government, governor and council. The legislature was 
composed of two houses, the upper house being the 
council appointed by the king, and the lower house 
being composed of members elected by the people. 
The legislature was virtually under the control of the 
governor. He could negative any of its proceedings, 
and convene and adjourn it at pleasure. This legis- 
lature could enact laws that were in no way repug- 
nant to the Crown, but they had to be ratified by the 
Crown before they could become laws. The courts 
were established by the governor, with the advice and 
consent of the council. The following were Royal 
Provinces: New Hampshire, New York, Virginia, 
Georgia, New Jersey, and the Carolinas. 

71. The Proprietary government was one controlled 
by a proprietor or proprietors to whom the king is- 
GOTernment. sue d a charter making them proprietors of 
the colony and investing them with full governmental 
control of the colony so long as they governed it in 
accordance with the laws of Great Britain. The pro- 



OF THE UNITED STATES. 63 

prietors appointed the governors and convened the 
legislative assemblies. Nearly all of the colonies had 
at one time proprietary or charter governments, but 
the Crown revoked the charters of most of them and 
made them Royal Provinces. Pennsylvania, Mary- 
land and Delaware were the only colonies that con- 
tinued under Proprietary governments till the Revo- 
lution. 

72. The Charter government was one in which the 
Crown granted a charter to the people, conferring 
Qomnment. upon them certain political rights and privi- 
leges. The people had more political power under 
the Charter government than under the Royal Prov- 
ince. In some instances the people enjoyed almost 
as much political freedom as they do at the present 
time. Massachusetts, Rhode Island and Connecticut 
had Charter governments. 

73. While, as has been said, the colonies had no 
direct political connection, yet they all acknowledged 
cin7ede n rluon.a common allegiance to the mother country. 
They had many interests in common, and in many 
respects their citizens were fellow-subjects. They re- 
cognized the importance of mutual protection, and 
several times united in a confederation for this pur- 
pose. The first union of this kind occurred in 1643, 
when the colonies of Massachusetts, Plymouth, Con- 
necticut and New Haven formed what was known as 
" The United Colonies of New England." The ob- 
ject of this union was to defend themselves against 
the Indians and Dutch. The union lasted forty-three 
years, or until 1686. 



64 CIVIL GOVERNMENT 

74. The colonies had always had trouble with the 
mother country. The authority of the crown and the 
C Rev e oiu t^n e rights of the people had not been clearly 
denned by the <~>ne nor accepted by the other. Eng- 
land claimed that she had the right to coerce the col- 
onies and pass restrictive measures concerning their 
industrial affairs. This the colonies vehemently denied. 
Some of the earliest laws of this character passed by 
the British government were the navigation acts, 
which compelled the colonies to ship their commodi- 
ties in English vessels. But the principal cause, and 
the one which finally led to the Revolution, was " tax- 
ation without representation." England maintained 
her right to tax the colonies without their consent, 
while the colonies claimed that they themselves should 
say what taxes were to be imposed upon them. Eng- 
land, however, ignored the claims of the colonies, and 
in March, 1765, Parliament passed the Stamp Act. 
This act provided that all legal documents, news- 
papers, pamphlets, etc., should be stamped, otherwise 
they were declared to be illegal. These stamps were 
to be purchased of the British government, and cost 
from three-pence to thirty dollars, according to the 
value of the document or transaction represented 
by it. 

75. The Stamp Act aroused the indignation of the 
Americans to a high degree. Even the British gov- 
stam grM8 t . Con " ernment was alarmed at the determined op- 
position that greeted it in America. In October, 1765, 
delegates from nine colonies met at New York in a 
convention known as the Stamp Act Congress. At 



OF THE UNITED STATES. 65 

this meeting a Declaration of Rights was passed, to- 
gether with remonstrances to the king and Parlia- 
ment. The bitter opposition of the colonies caused 
the British government to repeal the Stamp Act the 
following year ; hut in doing so the government im- 
posed new taxes on tea, glass, paper and painters' 
materials, which served to increase the indignation of 
the colonies. 

76. On the 5th day of September, 1774, the First 
Continental Congress assembled at Philadelphia. All 
^afcOTgres^" of the thirteen colonies were represented ex- 
cept Georgia. The delegates to this Congress were 
either chosen by the lower house of the colonial legisla- 
tures or by popular conventions. It was the first con- 
gress whose acts were strictly of a national character, 
and among its delegates were many men of distinguish- 
ed ability. It passed a Bill of Rights, forbade the ex- 
portation and importation of merchandise to and from 
England, and prepared addresses to the king, to the 
people of Great Britain, to the inhabitants of the col- 
onies they represented, and to the inhabitants of the 
Province of Quebec. This Congress adjourned, Octo- 
ber 26, after recommending May 10 following as the 
time of meeting of a second congress, provided the 
action of the first congress did not effect a redress of 
grievances. 

77. The proceedings of the First Continental Con- 
gress, instead of bringing about an adjustment of the 
second conti- difficulties, only served to widen the breach 

nental Con- 

greaa. between the colonies and the mother coun- 



66 CIVIL GOVERNMENT 

try. The Second Continental Congress, therefore, 
met at Philadelphia, May 10, 1775. The delegates 
were chosen in the same manner as before, and with 
scarcely an exception the old delegates were reap- 
pointed. This congress continued in session, with 
occasional adjournments, until 1781. Before it con- 
vened on May 10th, the battle of Lexington had been 
fought, and the first step of the Congress was to put 
the country in a state of defense. An army was or- 
ganized, and George Washington elected commander- 
in-chief. It also organized a navy, created a treas- 
ury department, and adopted a monetary system 
by issuing bills of credit. The question of final sep- 
aration was not discussed until the beginning of the 
following year. 

78. June 7, 1776, Richard Henry Lee, a delegate 
from Virginia, introduced a resolution which declared 
Fndijendence. " tnat tQe United Colonies are and ought to 
be free and independent States ; that they are ab- 
solved from all allegiance to the British crown ; and 
that all political connection between them and the 
State of Great Britain is, and ought to be, totally dis- 
solved." This resolution was discussed in committee 
of the whole and adopted. A committee, consisting 
of Thomas Jefferson of Virginia, John Adams of 
Massachusetts, Benjamin Franklin of Pennsylvania, 
Roger Sherman of Connecticut, and Robert R. Liv- 
ingston of ~New York, was then appointed to draft a 
formal Declaration of Independence. This commit- 
tee submitted its report on June 28. July 2, the reso- 



OF THE UNITED STATES. 67 

lution introduced by Richard Henry Lee was adopted, 
and on July 4, the ^Declaration of Independence was 
adopted. 

79. June 11, 1776, a committee was appointed to 
draft the Articles of Confederation. Four days after 
coifeKtion. their appointment the members of this com- 
mittee submitted the draft of the f Articles of Confed- 
eration and Perpetual Union. The Articles were dis- 
cussed and amended from time to time and finally 
adopted by Congress, November 15, 1777. They had 
to be ratified by all the States before they were to go 
into effect. The colonies were so jealous of each 
other, and so suspicious of a general government, that 
they were very slow to accept the Articles of Confed- 
eration, and almost five years elapsed before they 
were finally ratified by all the States. Eight States, 
Massachusetts, Rhode Island, Connecticut, New York, 
New Hampshire, Pennsylvania, Virginia and South 
Carolina, ratified them July 9, 1778 ; North Carolina, 
July 21, 1778; Georgia, July 24, 1778 ; New Jersey, 
November 26, 1778; Delaware, February 22, 1779; 
and Maryland, March 1, 1781. 

80. The Articles of Confederation were declared to 
be simply "a league of friendship" between the States. 

provisions Each State retained its sovereignty and all 

of the d J 

confederation, powers not expressly delegated to the United 
States Congress. The national government had but 
one department, the legislative. This was called the 
Congress, and consisted of but one house, composed 

-See page 164. 
tSee page 169. 



68 CIVIL GOVERNMENT 

of delegates from the States. Each State was allowed 
not less than two nor more than seven delegates, but 
each state had but one vote in Congress, which was 
determined by a majority of its delegates. All meas- 
ures of importance required the consent of nine states 
before they could go into effect, and some required 
the unanimous consent of the States. 

81. A few years convinced the people that the Ar- 
ticles of Confederation would not meet the require- 

D e /the s ments of a national government. The first 
confederation. and most fatal defect was that each State 
was allowed to retain its sovereignty, thus virtually 
declaring that the general government had 'no author- 
ity over it. The next great defect was the absence of 
an} T executive or judicial department in the gen- 
eral government. Congress was a mere creature of 
the States; it could make laws, but had no power to 
enforce them ; it could levy taxes, but could not com- 
pel their collection ; it could make treaties, but could 
not compel its citizens to submit to them ; it could 
arbitrate between two contending States, but could 
not compel either to submit to its decisions. As it 
had no authority to collect money, it had no credit, 
and as a consequence its paper depreciated until it was 
worthless. 

82. The Confederation was not only in disrepute 
at home, but it was looked upon with contempt by 

Desire for foreign nations. It had no power, and its 

Stronger # ° r 

Government, rights were utterly ignored. It was not un- 
til the financial affairs of the country were utterly de- 



OF THE UNITED STATES. 69 

moralized that the people were aroused to the gravity 
of the situation. They recognized that thirteen petty 
republics could not exist unless they were united un- 
der one sovereign authority. They were now ready 
to surrender a few of their State rights in order that 
such a government might be possible. 

83. Virginia took the initiatory step by issuing a 
call to all the States to appoint delegates to meet her 

conation, delegates in convention to devise a uniform 
system of commercial regulations. The convention 
met at Annapolis, Maryland, in September, 1786, with 
five States represented, viz.: New York, New Jersey, 
Pennsylvania, Delaware and Virginia. They dis- 
cussed the objects of the meeting, but took no definite 
action, on account of the small representation. They, 
however, drew up a report in which they urged all 
the States to elect delegates to meet in another con- 
vention to " take into consideration the situation of 
the United States, and devise such further provisions as 
should appear to them necessary to render the consti- 
tution of the Federal Government adequate to the 
exigencies of the Union." 

84. February 21, 1787, Congress passed a resolution 
calling upon the several States to appoint delegates to 
P conv d e e ntion a meet in national convention at Philadelphia, 
on the second Monday of the following May, for the 
purpose of revising the Articles of Confederation. 
Accordingly, on the 25th of May, 1787, the delegates 
met at Philadelphia and effected an organization, and 
elected George Washington president. This conven- 



70 CIVIL GOVERNMENT 

tion was probably the most notable gathering of dis- 
tinguished men in the history of the country. Be- 
sides Washington, there were Alexander Hamilton, 
James Madison, Benjamin Franklin, Rufus King, 
Roger Sherman, Gouverneur Morris, Edmund Ran- 
dolph, and James Wilson. 

85. Most of the delegates were thinking of revis- 
ing the Articles of Confederation; but the leaders, 
Adoption of the like Hamilton, Madison, and others, knew 

Federal Consti- ' 

tution. that the Articles of Confederation were 
upon a wrong basis, and hence could not succeed. 
They were prepared to enter at once upon the fram- 
ing of a new Constitution upon a sound basis. Mr. 
Madison of Virginia had drawn up a plan of govern- 
ment which had been agreed upon by the other three 
delegates from Virginia, Washington, Randolph and 
Mason. Randolph presented this plan to the conven- 
tion, after which it was referred to the committee of 
the whole. This plan, after being fully discussed, 
amended and revised, was finally adopted by the con- 
vention, September 15, 1787, and two days later 
signed by the members. 

86. The ^Federal Constitution is one of the most 
wonderful documents ever prepared by man. When 
The constitu- we remember the mutual jealousy of the 
compromise. States and their many conflicting interests, 
we can not help thinking it a miracle that they could 
unanimously agree upon one form of government. 
Many plans were suggested, each embodying the ideas 

*See page 179 . 



OF THE UNITED STATES. 71 

and wishes of a certain State. The only way in 
which an agreement could possibly be reached was by 
compromise. In order to harmonize the views of the 
States, concessions had to be made by each of them, 
which, in the face of the critical state of affairs, was 
done. 

87. The Federal Constitution was not the product 
of a day, but embodied the results of long political 

^of'th! experience in the colonies. Its fundamental 
constitution, ideas were not new, but owed their existence 
to precedents in the various colonies. One idea that 
was new, and the vital idea necessary to the existence 
of the Federal government, was the supremacy of the 
Federal government over the States. While the 
only authority of the Federal government is that 
delegated to it by the States in the Federal Constitu- 
tion, yet that authority is of such a nature as to ena- 
ble it to keep the States in subjection. The Federal 
Constitution is the supreme law of the land, and all 
of the State constitutions and all of their laws must 
be in accordance with its provisions. 

88. Like all perfect governments, the Constitution 
provides for the division of the governmental func- 
Three Depart- tions into three distinct departments: the 

Government, legislative, which enacts the laws; the judi- 
cial, which interprets them ; and the executive, which 
enforces them. The legislative functions are per- 
formed by Congress; the judicial, by the Supreme 
Court and other United States Courts; the executive, 
by the President and Cabinet. 



72 CIVIL GOVERNMENT 

REVIEW QUESTIONS. 

1. Name the thirteen original colonies. 

2. During what period were they settled ? 

3. Why are they called " original " colonies ? 

4. To what government were these colonies sub- 
ject? 

5. How had that government acquired control 
over them ? 

6. What relation did these colonies bear to each 
other politically ? 

7. How many, and what kinds of colonial govern- 
ments were there? 

8. What was a Provincial government? 

9. Describe the Provincial government. 

10. Which colonies were Royal Provinces? 

11. What was a Proprietary government? 

12. Describe the Proprietary government. 

13. Which colonies had Proprietary governments? 

14. What was a Charter government? 

15. Describe the Charter government. 

16. Which colonies had Charter governments? 

17. What was the New England Confederation, 
when was it consummated, and what was its pur- 
pose? 

18. How long did the union last ? 

19. What colonies composed it ? 

20. Why did the colonies have so much trouble 
with the mother country ? 

21. What right did England claim that the colonies 
denied ? 



OF THE UNITED STATES. 73 

22. What were the Navigation Acts ? 

23. What was the principal cause of the Revolu- 
tion ? 

24. What was the Stamp Act ? 

25. Why did the colonies oppose this act so ve- 
hemently ? 

26. What was the Stamp Act Congress, and when 
and where did it meet? 

27. How many colonies were represented ? 

28. What action did this congress take ? 

29. When and why was the Stamp Act repealed ? 

30. What other taxes did the British government 
impose upon the colonies? 

31. What effect did this have upon the colonies? 

32. When and where did the First Continental 
Congress meet? 

33. What colonies were represented? 

34. How were the delegates chosen ? 

35. Why is this congress known as the First Con- 
tinental Congress ? 

36. What measures were passed by this congress ? 

37. How long was the congress in session? 

38. What was the effect of the proceedings of the 
First Continental Congress? 

39. When and where did the Second Continental 
Congress meet? 

40. How were the delegates to this congress chosen ? 

41. How long did it continue in session? 

42. What were the first steps taken by it ? 

43. What other measures were adopted in the early 
part of its session ? 



74 CIVIL GOVERNMENT 

44. When was the question of final separation first 
seriously entertained? 

45. What resolution did Richard Henry Lee intro- 
duce into this congress, June 7, 1776 ? 

46. What was done with it? 

47. Who were the members of the committee ap- 
pointed to draft a formal declaration of independence? 

48. When did this committee submit its report? 

49. When was the Declaration of Independence 
adopted ? 

50. Why is this document so dear to Americans ? 

51. How does it rank as a state paper? 

52. What were the Articles of Confederation and 
Perpetual Union ? 

53. When were they adopted by Congress? 

54. When were they ratified by the States? 

55. Why were the States so slow in ratifying the 
Articles of Confederation? 

56. What were the principal provisions of the Arti- 
cles of Confederation ? 

57. What departments had the national govern- 
ment? 

58. Of what did it consist? 

59. How many delegates were allowed each State, 
and how many votes had they in Congress? 

60. How many States were required to concur in 
all measures of importance? 

61. What were some of the principal defects of the 
Articles of Confederation ? 

62. Which was the most fatal defect? 



OF THE UNITED STATES. 75 

63. How was the Confederation looked upon by 
foreign nations? 

64. What led the people to recognize the ineffi- 
ciency of the Articles of Confederation ? 

65. When did the Annapolis Convention convene, 
and what States were represented ? 

66. What was the object of the convention? 

67. What action was taken by it ? 

68. What resolution was passed by Congress, Feb- 
ruary 21, 1787? 

69. When did the Philadelphia Convention meet, 
and who was elected its president ? 

70. Name some of the distinguished members of it. 

71. What was the object of a majority of the dele- 
gates when they met ? 

72. What was the object of a few of the leaders? 
Why? 

73. Who drew up the plan of government which, 
after being submitted to the convention and fully dis- 
cussed and revised, was finally adopted as the Federal 
Constitution ? 

74. 'When was it adopted and signed by the mem- 
bers? 

75. In what respects was the Federal Constitution 
a compromise ? 

76. To what does the Federal Constitution owe the 
existence of many of its fundamental ideas? 

77. What was one of the most important new ideas 
of the Constitution? 

78. What is the general nature of the Federal Con- 
stitution ? 



76 CIVIL GOVERNMENT 

79. Into what functions does the Constitution di- 
vide the Federal Government? 

80. By whom are each of these functions per- 
formed ? 



CHAPTER V. 



OUTLINE. 

{House of Kepresentatives. 
Senate. 
CivilGov- 
ernment 
of the \ Executive — President. 



United 
States. 



{Supreme Court. 
f Circuit Courts. 
Inferior Courts < District Courts. 
( Court of Claims. 



LEGISLATIVE DEPARTMENT. 

89. The Legislative Function of the Federal Gov- 
ernment is vested in two legislative bodies, styled re- 
How vested, spectively the Senate and House of Kepre- 
sentatives. The two houses together constitute the 
Congress of the United States. The Senate is called 
the Upper House, while the House of Representatives 
is called the Lower House. 



OF THE UNITED STATES. 77 

House of Representatives. 

90. The number of Representatives is fixed by Con- 
gress. The number at present is three hundred and 

Ap ment° n " twenty-five. They are apportioned among 
the several States according to the number of in- 
habitants, excluding Indians not taxed. The census 
of the United States is taken every ten years, and the 
whole population divided by the number of Repre- 
sentatives, and the quotient is the ratio of representa- 
tion. The ratio of representation at present is 151,911. 
The population of each State is divided by the ratio 
of representation, which gives the number of repre- 
sentatives to which each State is respectively entitled. 
The State is then divided into as many Congressional 
Districts as it has Representatives. These districts must 
be composed of contiguous territory, and must con- 
tain as nearly as possible the population required for 
a Representative. Each Congressional District is en- 
titled to one Representative. 

91. The Representatives are chosen by the qualified 
voters of the various Congressional Districts. An 

Election, elector for Representative to Congress must 
possess the same qualifications as an elector for Rep- 
resentative to the most numerous branch of the State 
Legislature. The Constitution especially provides that 
Representatives must be elected by the people. For 
this reason the Lower House is sometimes called the 
Popular Branch of Congress, in contradistinction to 
the Senate, whose members are chosen by the State 
Legislatures. 



78 • CIVIL GOVERNMENT 

92. A Representative must be at least twenty-five 
years of age, a citizen of the United States for not less 
Qualifications, than seven years, and, at the time of his elec- 
tion, an inhabitant of the State from which he is 
elected. 

93. When a vacancy occurs in the House of Rep- 
resentatives from any cause, such as death, resigna- 

vacancies. tion, removal, or the acceptance of an incom- 
patible office, the executive authority of the State from 
which the Representative is chosen must issue a writ 
of election to fill such vacancy. The Representative 
thus chosen to fill a vacancy serves only for the unex- 
pired term. 

94. The presiding officer of the House of Repre- 
sentatives is the Speaker. He is chosen by the mem- 

officers. bers of the House from among their own 
number. He serves two years, or during one Con- 
gress, and receives eight thousand dollars per year. 
The other officers of the House are a Clerk, Sergeant- 
at-Arms, Door-keeper, Postmaster and Chaplain. 
These are chosen by the House also. The most im- 
portant of these latter is the Clerk, who is a man of 
ability and attainments, usually an ex-member of Con- 
gress. He presides at the organization of the subse- 
quent Congress. 

95. In addition to the Representatives from the 
various States, as provided by the Constitution, each 
De T l e e r s rftorie r 9 ( ! m organized Territory is entitled to send one 
representative to Congress, who is called a Delegate. 
These Delegates are entitled to seats among the Rep- 



OF THE UNITED STATES. 79 

resentatives, but have no vote. They may take part 
in the discussions, and give expression to the wishes 
of the people of the Territories which they represent, 
and thus endeavor to influence the shaping of the leg- 
islation affecting the interests of the people of their 
Territories. 

96. The House of Representatives has two special 
powers, belonging exclusively to it. When any offi- 

lowers. cer of the United States is to be impeached, 
the articles of impeachment must be prepared and 
presented by it. It originates all bills for the raising 
of revenue, but the Senate may amend them as any 
other bill may be amended. 

Senate. 

97. The Senate is composed of two Senators from 
each State. They are elected by the State Legislatures 
Nu Te b rm. and for a term of six years. At the organization 
of the first Congress the Senators were divided into 
three classes, so that the terms of one-third of them 
expire every two years. By this arrangement a ma- 
jority of the old members hold over every Congress, 
thus insuring better legislation. 

98. On the second Tuesday after the organization 
of the Legislature next preceding the expiration of 

Election, the term for which a United States Senator 
was elected, each house of the State Legislature shall 
openly proceed to name by viva voce vote of each 
member present one person for Senator in Congress ; 
and the result of said vote shall be entered upon the 



80 CIVIL GOVERNMENT 

journal of each house. At 12 o'clock, noon, of the 
following day the members of both houses shall con- 
vene in joint assembly, and the journal of each house 
shall be read ; and if the same person shall have re- 
ceived a majority of the votes in each house, such 
person shall be declared duly elected Senator to rep- 
resent the State in the Congress of the United States. 
But if the same person shall not have received a ma- 
jority of the votes in each house, the joint assembly 
shall then proceed to choose, by viva voce vote of each 
member present, a Senator to represent the State in 
Congress; and the person having a majority of all 
the votes of the joint assembly, a majority of all the 
members of each house being present and voting, 
shall be declared duly elected. And in case no per- 
son shall receive any such majority on the first day, 
the joint assembly shall meet at 12 o'clock, noon, of 
each succeeding day during the session of the Legis- 
lature, and take at least one vote uutil a Senator shall 
be elected. 

99. A Senator must be at least thirty years of age, 
nine years a citizen of the United States, and, at the 
Qualifications, time of his election, an inhabitant of the 
State which he is chosen to represent in Congress. 

100. If a vacancy occur in the Senate of the United 
States during a recess of the State Legislature, the 

vacancy. Governor appoints a Senator to serve until 
the Legislature meets and elects a Senator to fill out the 
unexpired term. If the Legislature be in session 
when the vacancy occurs, it proceeds to elect some 



OF THE UNITED STATES. 81 

one to fill the vacancy without any appointment by 
the Governor. 

101. The presiding officer of the Senate is the Vice- 
President of the United States. He is elected at the 

P offlier ng same time and in the same manner as the 
President of the United States ; and as he may suc- 
ceed to that office, he must possess the same qualifi- 
cations as the President. He has no vote except the 
deciding vote in case of a tie. His salary is eight 
thousand dollars per year. He takes the oath of 
office when inaugurated, and on the first day of the 
session of the Senate he administers the oath to the 
new Senators. 

102. When the Vice-President succeeds to the 
Presidency, or his office becomes vacant by death or 
president pro otherwise, the Senate elects from its own 

tempore of the 

senate, number a president pro tempore as presid- 
ing officer. He is not Vice-President, and can not 
succeed to the Presidency. He receives the same sal- 
ary and performs the same duties as the Vice-Presi- 
dent, except that he is entitled to his vote as a mem- 
ber of the Senate from his State. 

103. The other officers of the Senate are the Secre- 
tary, the Sergeant-at arms, the Chaplain, the Post- 
other officers, master, the Librarian, and the Door-keeper. 
These are not members of the Senate, but they are 
chosen by that body. 

104. The Senate tries all cases of impeachment 
after the articles have been prepared by the House of 

^K! 1 " Representatives. When sitting for this pur- 
6 



82 CIVIL GOVERNMENT 

pose the Senators are under oath. When the Presi- 
dent of the United States is being tried on impeach- 
ment the Chief-Justice must preside, as the Vice- 
President is personally interested in the result of the 
trial, as, in case of conviction, he would succeed to the 
Presidency. It requires a concurrence of two-thirds 
of the Senators to convict. There have been seven 
impeachment trials, and two cases of conviction. 

Provisions Common to Both Houses. 

105. The term of members of the House of Rep- 
resentatives begins on the 4th of March of each odd 

sessions, year, as 1887, 1889, 1891, etc., and continues 
two years. The term of office of the members of the 
lower House constitutes a Congress. Each Congress 
is numbered; thus, the Congress of 1887-1888 is 
known as the Fiftieth Congress, and the Congress of 
1889-1890 as the Fifty-first Congress. Each Congress 
is composed of two sessions, a long and a short ses- 
sion. The long session begins on the first Monday 
in December of every odd year, as 1889, and con- 
tinues until adjourned by both Houses, usually the 
following midsummer. The short session begins on 
the first Monday in December of every even year, as 
1890, and continues in session until noon of March 4th 
following. Extra sessions may be called by the Pres- 
ident at any time. 

106. A majority of the members of each House 
constitutes a quorum to do business. A less number 

Quorum, may meet and adjourn from day to day until 
a quorum is present. Each House is authorized to 



OF THE UNITED STATES. 83 

compel the attendance of absent members ; and, to 
enforce their orders, may inflict such penalties as they 
see fit. 

107. Each House determines its own rules of pro- 
ceedings. It has the authority to punish any mem- 
^Tembersletc. 061, f° r disorderly behavior ; and, with two- 
thirds concurring, may expel a member. A mem- 
ber may be punished for any act inconsistent with the 
duty and trust of a member. The power to punish 
extends only to expulsion or imprisonment, and then 
only for a time during the continuance of the session 
in which the punishment was inflicted. 

108. A certificate of election issued by the proper 
authorities is prima facie evidence of election and 

suctions'! qualification, and hence the right to a seat 
in the proper House, but it is not conclusive. It is 
accepted as such when not questioned; but if a seat 
be contested, the matter is referred to the Committee 
on Elections, and upon their report the House bases 
its decision, from which there is no appeal. 

109. Each House is required to keep a journal of 
its proceedings, and to publish the same from time to 

journal, time, except such portions as require secrecy. 
In voting upon any question the yeas and nays of the 
members of either House shall, when demanded by 
one-fifth of the members present, be entered upon the 
journal, 

110. Each House usually has open sessions. By 
open sessions is meant sessions in which the doors are 

sSsfons. open to the public, and the discussion and 
voting is public. The Senate, when in executive ses- 



84 CIVIL GOVERNMENT 

sion, sits with closed doors. By executive session is 
meant a session in which matters requiring secrecy 
are under discussion, such as treaties, or appointments 
by the President. 

111. The usual method of voting is viva voce, bv 
the voice, the presiding officer deciding by ear. If he 

voting, is unable to decide by this method, he takes 
a "rising vote," tbe members standing until counted. 
If a member questions the correctness of his decision. 
a division is called for, and tellers are appointed to 
count the votes. When the "yeas and nays" are 
called for, the roll of the House is called by the 
Clerk, and each member's vote is entered upon the 
journal. 

112. Neither House can, without the consent of the 
other, adjourn for more than three days at a time dur- 
Adjournment. ing any session of Congress, nor to any other 
place than that in which Congress is sitting. This 
rule prevents either House from interrupting, by ad- 
journment, the proceedings in the other House. 

113. Senators and Representatives in Congress are 
paid from the United States Treasury. This pro- 

compensa- v i 8 j on ma k e s them independent of the States, 
and thus secures better legislation by making them 
feel that they are United States officers and interested 
alike in the welfare of the whole nation. Congress 
fixes the amount of compensation. At present the 
salaries of both Senators and Representatives are iive 
thousand dollars per year each, with mileage at the 
rate of twenty cents per mile for going and returning 



OP THE UNITED STATES. 85 

by the nearest route for each session. Each Congress- 
man is also allowed $125 a year for postage. 

114. Each Senator or Representative is privileged 
from arrest, except in cases of treason, felony, and 

privileges breach of the peace, while in attendance at 
Members, ^he sessions of his House, and also while 
going to and returning from the same. This pro- 
vision is to prevent their respective States from being 
unnecessarily or unjustly deprived of their represen- 
tation in Congress, and to guard against interrupting 
the proceedings of Congress. A person unlawfully 
causing the arrest of a member would be liable for 
trespass, and also contempt of the House to which the 
member belonged. ~No Senator or Representative 
shall be questioned in any other place for any speech 
or debate made in either House. This rule applies 
only to speeches made in the regular course of duty. 

115. The Constitution provides that no Senator or 
Representative shall, during the term for which he 

ineligibility, was elected, be appointed to any civil office 
of the United States which shall have been created, or 
the emoluments whereof shall have been increased, 
during such time. This provision is intended to pre- 
vent corruption, by diminishing the temptation to Con- 
gressmen to create lucrative offices with the intention 
of having themselves appointed or elected to fill them. 
There is also another provision that no person hold- 
ing an office under the United States shall be a mem- 
ber of either House during his continuance in office. 
The object of this provision is to preserve the separa- 
tion of the three functions of government. 



86 CIVIL GOVERNMENT 

116. Any bill, except for raising" revenue or im- 
peachment of an officer, may originate in either 
lukSgLain. House. After passing the House in which 
it originates, it is sent to the other House. If it pass 
this House, it is sent to the President for approval. 
If the President approve the bill, he shall sign it. 
when it becomes a law; but if he disapprove it, he 
shall return it, with his objections, to the House in 
which it originated, who shall enter the President's 
objections upon their journal, and proceed to recon- 
sider the bill. If, after such reconsideration, two- 
thirds of the members of that House vote in favor of 
passing the bill, it shall be sent, with the President's 
objections, to the other House. It shall then be con- 
sidered by this House in like manner, and if ap- 
proved by two-thirds of the members, it shall become 
a law without the President's signature. In all cases 
of this kind the votes of the members of both 
Houses shall be determined by yeas and nays, and be 
entered upon the journals o\^ their respective Houses. 
If a bill, after being passed by one House, is amended 
in the other, it is sent, together with the amendment, 
to the House in which it originated. If this House 
agree to the amendment, it is then sent to the Presi- 
dent for approval. Not only the bill itself, but all 
amendments must be concurred in by both Houses. 
If the President fail to return a bill, submitted to him 
for approval, within ten days. Sundays excepted, after 
it shall have been presented to him, it shall become a 
law in like manner as if he had signed it, unless Con- 



OF THE UNITED STATES. 87 

gress adjourns before the expiration of the ten days, 
when it shall not become a law. 

117. In each House there are a number of standing 
committees. In the House of Representatives they 
committees, are appointed by the Speaker, but the com- 
mittees of the Senate are appointed by the Senate 
itself. The various matters of business of each House 
are referred to the appropriate committees who inves- 
tigate the subjects thoroughly and report upon them. 
There are also several joint committees, consisting of 
three or four members from each House, to whom are 
referred matters in which both Houses are interested, 
such as enrolled bills, public printing, and the librar}^. 

REVIEW QUESTIONS. 

1. Outline the divisions of government of the 
United States. 

2. In what is the Legislative Function of the Fed- 
eral Government vested ? 

3. What do these two Houses together consti- 
tute? 

4. By what other names are they sometimes des- 
ignated? Why? 

5. By whom is the number of Representatives in 
the Lower House fixed ? 

6. What is the number at present? 

7. How are they apportioned among the States ? 

8. Describe the manner of making the apportion- 
ment. 

9. By whom are the Representatives to the 
Lower House chosen ? 



88 CIVIL GOVERNMENT 

10. What qualifications must an elector for Repre- 
sentative to Congress possess? 

11. Why is the Lower House sometimes called the 
popular Branch of Congress? 

12. What qualifications must a Representative 
possess ? 

13. How are vacancies in the House of Represent- 
atives filled ? 

14. How long does a Representative chosen to fill 
a vacancy serve? 

15. Who is the presiding officer of the House of 
Representatives ? 

16. How is he elected? 

17. How long does he serve ? 

18. What is his salary? 

19. Name the other officers of the House. 

20. How are they elected ? 

21. Which of these is the most important? Why ? 

22. How are the organized Territories represented 
in Congress ? 

23. What rights have these Delegates? 

24. What special powers has the House of Repre- 
sentatives ? 

25. Of how many members is the Senate com- 
posed? 

26. By whom are they elected? 

27. What is the length of a Senatorial term ? 

28. At the organization of the first Congress why 
were the Senators divided into three classes ? 

29. What is the advantage of this arrangement? 



OF THE UNITED STATES. 89 

30. Describe the method of electing a United 
States Senator by the Legislature. 

31. What are the qualifications of a Senator? 

32. How are vacancies in the Senate filled ? 

33. Who is the presiding officer of the Senate ? 

34. 'When and how is he elected ? 

35. What qualifications must he possess? Why? 

36. When can he vote upon questions before the 
Senate ? 

37. What is his salary ? 

38. What is his duty in regard to taking and giv- 
ing the oath of office ? 

39. When is a President pro tempore of the Senate 
elected ? 

40. By whom is he elected ? 

41. What salary does he receive ? 

42. What are his duties ? 

43. When can he vote upon questions before the 
Senate ? 

44. ^"anie the other officers of the Senate. 

45. By whom are they elected ? 

46. What are the duties of the Senate in regard to 
impeachment of officers of the United States ? 

47- Who presides when the President of the United 
States is being tried on impeachment ? Why ? 

48. How many Senators does it require to convict? 

49. How many impeachment trials and how many 
convictions have there been in the history of our 
country ? 

50. When does the term of the members of the 



90 CIVIL GOVERNMENT 

House of Representatives begin, and how long does 
it continue ? 

51. "What constitutes a Congress ? 

52. How are the different Congresses distinguished ? 

53. Of how many sessions is each Congress com- 
posed ? 

54. Why are they respectively designated as the 
long and the short session ? 

55. How and when may extra sessions be called ? 

56. What constitutes a quorum of each House? 

57. What powers has a less number? 

58. What authority has each House over absent 
members ? 

59. How may they enforce their authority ? 

60. What authority has each House over the con- 
duct of members while in attendance? 

61. In what ways may they punish members? 

62. What consideration is given by Congress to a 
certificate of election held by a new member? 

63. How is a seat contested ? 

64. What is the duty of each House in regard to 
keeping a journal? 

65. What is entered upon this journal? 

66. What are " open sessions ? " 

67. What are "executive sessions?" 

68. Which House holds executive sessions? 

69. What is the usual method of voting? 

70. What is a "rising vote," and when and how is 
it taken ? 

71. What is a "division," and when and how is it 
taken ? 



OF THE UNITED STATES. 91 

72. When and bow are the "yeas and nays" taken ? 

73. What restrictions are placed upon each House 
in regard to adjournment? 

74. What is the object of this rule ? 

75. By whom are Senators and Representatives in 
Congress paid ? 

76. What is the advantage of this ? 

77. By whom are their salaries fixed ? 

78. What are the present salaries of Senators and 
Representatives ? 

79. What other allowances are made them ? 

80. What privilege from arrest has each Senator and 
Representative ? Why ? 

81. What penalty could be inflicted upon a person 
for causing their unlawful arrest? 

82. What privilege of speech have they ? 

83. To what offices are Senators and Representa- 
tives ineligible? 

84. What is the object of this provision ? 

85. Wh}^ are persons holding office under the 
United States ineligible to membership in either 
House during their continuance in office? 

86. Describe fully the manner of making laws. 

87. What is said of committees in each House? 

88. Who appoints the committees of the Lower 
House? 

89. Who appoints the committees of the Senate ? 

90. What are the duties of these committees ? 

91. What are joint committees ? 

92. How many Representatives in Congress has 
this State ? 



92 CIVIL GOVERNMENT 

93. Who is the present Representative from this 
Congressional District ? 

94. Who is the present Speaker of the House of 
Representatives ? 

95. Who are the present Senators from this State ? 

96. Who is now Vice-President ? 

97. How many times in the history of the country 
has it been necessary for the Senate to elect a Presi- 
dent pro tempore of that body? 

98. Who was the last President pro tern, of the 
Senate ? 

99. What is the number of the present Congress ? 
100. Is Congress in session now? 



CHAPTER VI. 

legislative department — Continued. 

Powers of Congress. 

118. Section 8 of Article I of the Federal Constitu- 
tion enumerates certain specific powers of Congress, 
congress not but it is not intended that Congress shall be 

Limited to •-> 

powe™. limited to these powers alone. The eight- 
eenth clause of the same section authorizes Congress 
to pass all laws necessary for carrying out the provis- 
ions of the Constitution. 



OF THE UNITED STATES, 93 

119. The government is required to provide for 
the common defense and general welfare of the 

T D X ut s ie a 8 n . d United States ; and in order to do this and 
pa} 7 the debts and obligations of the government, it is 
necessary that the government have money. To raise 
this money Congress is authorized to lay and collect 
taxes, duties, imposts and excises; but they must be 
uniform throughout the United States. The govern- 
ment at present derives its revenue from the tariff on 
imported articles, internal revenue on whisky and 
tobacco, and the sale of public lands. 

120. Congress has power to borrow money on the 
credit of the United States. The ordinary revenues 

Money, of a government ought to be sufficient to 
pay its expenses in times of peace ; but in case of war 
it is sometimes necessary to raise vast sums of money. 
For this emergency the Constitution wisely provides 
that Congress shall have power to borrow the money. 
This loan is usually effected by the government issu- 
ing and selling bonds, which are its promises to pay 
the sums specified upon their faces, at a given rate of 
interest, usually payable quarterly. At the close 
of the late Rebellion the debt of the United States 
was nearly three billions of dollars, upon which the 
government was paying six per cent, interest. To-day 
it is a little more than one-third of that amount, 
while the rate of interest paid by the government is 
about four per cent. 

121. Congress has the exclusive power to regulate 
commerce, not only with foreign nations, but between 

cSmmlrce. the several States, aud with the various In- 



94 CIVIL GOVERNMENT 

dian tribes. This provision enables the government to 
make all laws relating to commerce uniform through- 
out the United States, whereas if this authority were 
left with the States there would be great irregularity 
in the commercial laws, which would be the cause of 
much irritation and difficulty. Congress has used 
this power in the relations of the government with 
foreign nations ever since the adoption of the Consti- 
tution. It has been applied in various ways, among 
which maybe mentioned embargoes, non-intercourse, 
non-importation, navigation, fisheries, coasting-trade, 
seamen, quarantine, light -houses, buoys, beacons, 
wrecks, pilotage, privileges of American and foreign 
ships, etc. Congress has not been called upon to ex- 
ercise this power so extensively in regard to domestic 
commerce, except in provisions relating to rivers, har- 
bors, etc. Probably the most notable instance of re- 
striction upon internal commerce is the Interstate Com- 
merce bill, passed in February, 1887, which provided 
for the regulation of freight and passenger* tariffs on 
railroads. 

122. Naturalization is the conferring of citizenship 
upon an alien. The Constitution authorizes Congress 
Nat tlon. iza " to establish a uniform rule of naturalization 
throughout the United States. Were this not the case 
there would be great irregularity in the naturalization 
laws. While one State might require only one year's 
residence, another might ^x it at five or ten. A citi- 
zen of the United States is a citizen of any State 
wherein he mav reside. An alien, in order to become 



OF THE UNITED STATES. 95 

a citizen, must, at least two years before his admis- 
sion, declare on oath his purpose to become a citizen 
of the United States, and to renounce all allegiance 
to any foreign state, prince or potentate. When he 
applies for admission he shall declare on oath that he 
will support the Constitution of the United States, 
and again renounce all allegiance to any foreign state, 
prince or potentate. He shall also satisfy the court 
admitting him that he has resided in the United 
State Hve years, and in the State or Territory one 
year, and that he is a man of good moral character. 

123. Congress is authorized to pass uniform laws 
governing bankruptcies throughout the Union. A 
Bankruptcy, bankrupt law is a law enabling an insolvent 
debtor to pay all of his debts, or rather to cancel 
them, by paying so many cents on the dollar, depend- 
ing upon the relative amounts of his indebtedness and 
assets. Congress has enacted three bankrupt laws, 
the last of which was repealed in 1878. A bankrupt 
law is intended to benefit both debtor and creditor. 
It benefits creditors by causing an equitable distribu- 
tion of the assets of the debtor among all his credi- 
tors. It benefits the debtor by releasing him from 
hopeless indebtedness, and enabling him to make a 
new start in business. The law is a good law for honest 
men, who recognize a moral obligation to pay their 
debts as well as a legal one, by giving them an oppor- 
tunity to make money to pay off their old indebted- 
ness which they could not otherwise have done ; 
but it was so abused by dishonest and unscrupulous 



96 CIVIL GOVERNMENT 

men, who took advantage of it to defraud their 
creditors, that' it was repealed. 

124. Congress has the exclusive right to coin 
money. The States are forbidden to coin money, or 
coin Money, make anything but gold and silver coin a 
legal tender in payment of debts. Money is gold and 
silver coin coined by the Federal government and 
made a legal tender in payment of debts. Anything 
else is not money Paper bills are only substitutes for 
money, and must be amply secured or they are worth- 
less. . The right to coin money implies the right to is- 
sue paper bills representing money. The government 
issues various kinds of paper bills, such as greenbacks, 
which are its own promises to pay in gold the 
amounts named upon their faces ; bank notes, which 
are the promises of national banks to pay their faces ; 
gold and silver certificates, which are certificates of 
deposit issued by the United States certifying that 
the amount of gold or silver specified upon their faces 
respectively is deposited in the United States Treas- 
ury, and will be paid to the bearer upon presenta- 
tion. Congress also has the power to regulate the 
value of coin, not only our own coin, but foreign 
gold coin. No foreign coin is a legal tender in the 
United States. 

125. As money is the measure of value of commod- 
ities, so weights and measures are the measures of 

IKis" 3 ^ quantity. It is as necessary to have uni- 
formity in weights and measures as in money, and so 
Congress is authorized to iix the standard of weights 



OF THE UNITED STATES. 97 

and measures. This Congress has done by ordering 
a complete set of weights and measures to be deliv- 
ered by the Secretary of the Treasury to the Governor 
of each State. Congress, in July, 1866, legalized the 
Metric System of weights and measures. 

126. Congress is authorized to provide for the pun- 
ishment of counterfeiting the securities and coin of 
counterfeiting, the United States. This right would nat- 
urally follow from the right to coin money and issue 
securities. Counterfeiting is the making of spurious 
coin or securities in imitation of those issued by the 
government. Congress has not only fixed a penalty 
for making counterfeit money, but also for passing, 
uttering or publishing it. In 1884 Congress passed 
an act providing for the punishment of counterfeiting, 
within the United States, of notes, bonds, etc., of for- 
eign nations. 

127. Congress is authorized to establish post-offices 
and post-roads. It also has the authority to discon- 

post-offlces. tinue them, and make all necessary rules and 
regulations for carrying on the postal system. For 
this purpose there is a Post-office Department, the 
chief of which is a member of the President's Cab- 
inet. Postmasters whose salaries are one thousand 
dollars or over are appointed by the President and 
confirmed by the Senate. Those whose salaries are 
under one thousand dollars are appointed by the Post- 
master-General. The cost of transportation is nearly 
three times as much as the salaries of postmasters. 
Mail matter is classified in four classes, viz. : first- 
7 



98 CIVIL GOVEKNMENT 

class, letters, two cents per ounce or fraction thereof; 
second-class, regular publications, one cent per pound ; 
third-class, books, pamphlets, circulars, transient 
papers, etc., one cent for two ounces ; fourth-class, 
merchandise, one cent per ounce. Each package of 
third and fourth-class matter is limited to four 
pounds, except for a single book. Postal cards are 
one cent each. 

128. Congress issues patents to inventors and copy- 
rights to authors, which secures to them, for limited 

copyright* times, the exclusive right to their respective 
discoveries and writings. This is for the purpose of 
encouraging progress in inventions and in litera- 
ture. A patent secures to an inventor the exclusive 
right to his discovery for seventeen years, which may 
be extended seven years. A patent costs thirty-five 
dollars, fifteen dollars on filing the application, and 
twenty dollars on issuing the patent. An extension 
costs one hundred dollars, fifty dollars on filing the 
application, and fifty dollars on granting the exten- 
sion. A copyright secures to an author the exclusive 
right to his writings — that is, to print, publish, and 
sell them — for the term of twenty- eight years, which 
may, at the expiration of that time, be extended for 
fourteen years longer. The cost of a copyright is one 
dollar. 

129. Congress may constitute tribunals inferior to 
the Supreme Court. At its first session it established 

hurts' the Circuit and District Courts. The Court of 
Claims was established in 1855. These courts will be 
treated of under the Judicial Department. 



OF THE UNITED STATES. 99 

130. Piracy is robbery committed on the high seas. 
By high seas is meant the ocean waters common to 

piracy, all nations. A nation should punish its citi- 
zens for this high offense, else the friendly relations 
between nations will be disturbed. Congress, there- 
fore, is authorized to punish not only piracies, but 
offenses of all kinds against the law of nations. It 
has the power not only to punish piracies, but to de- 
line them as well. It has decided that the slave trade 
is piracy. 

131. The power to declare war is vested in Congress. 
It is one of the highest and gravest acts that can be 

war. performed by any function of the government. 
So much is at stake, involving as it does the lives and 
property of the people. War is strictly a conflict be- 
tween nations. A rebellion is not properly a war. 
Congress has only made use of this power once, in 
the war of 1812 with England. 

132. Congress is authorized by the Constitution to 
grant letters of marque and reprisal. The word 

Letters of marque means a boundary and reprisal means 

Marque and J- J J. 

Reprisal. a re taking. Letters of marque and reprisal, 
then, is a commission issued by Congress authorizing 
the bearer to cross the boundary of another nation 
and take the subjects or property of that nation from 
whom or which an injury has been received. A ves- 
sel bearing such letters is a privateer. A person cap- 
tured within the lines of an enemy bearing these let- 
ters is treated as a prisoner of war instead of a spy. 

133. Congress has power to raise and support the 



100 CIVIL GOVERNMENT 

Army and Navy of the United States. It is also 
Al N^vy a . nd authorized to make all rules and regulations 
necessary for the control and management of them. 
It makes appropriations for their support, but can not 
make appropriations for longer than the Congres- 
sional term, two years. This virtually gives to the 
people the control of the Army. The President is 
commander-in-chief of both land and naval forces, 
but each is under the control of a department whose 
head is a member of the President's cabinet. The 
land and naval forces are under the command of offi- 
cers created by Congress. The Army officers, in the 
order of their rank, are a General, Lieutenant-Gen- 
eral, Major-Gen eral, Brigadier-General, Colonel, 
Lieutenant-Colonel, Major, Captain, First Lieutenant 
and Second Lieutenant ; and those of the Navy are an 
Admiral, Vice-Admiral, Rear-Admiral, Commodore, 
Captain, Commander, Lieutenant-Commander, Lieu- 
tenant, Master, Ensign. Congress has abolished the 
offices of General and Lieutenant-General in the 
Army, and Admiral and Vice- Admiral in the Navy. 
There are now three Major-Generals and six Briga- 
dier-Generals, and twelve Rear- Admirals and twenty- 
five Commodores. 

134. The militia are the citizen soldiers of the 
country. Congress has power to organize, arm and 

Mintia. discipline the militia and make rules for gov- 
erning such part of them as may be in the service of 
the United States. It also has power to call forth 
the militia to execute the lawg of the Union, suppress 



OF THE UNITED STATES. 101 

insurrections, and repel invasions. The militia have 
been called out three times, during the Whisky In- 
surrection in "Western Pennsylvania in 1794, in the 
war of 1812, and in the Rebellion of 1861. 

135. The District of Columbia is a tract of land on 
the Maryland side of the Potomac river, containing 

Government, about sixty square miles in which the Capi- 
tal of the United States, Washington City, is situated. 
Congress has exclusive control of this, as well as of all 
places purchased for the erection of forts, magazines, 
arsenals, dock-yards, and other needful buildings. 

136. The Constitution gives Congress the power to 
make all necessary and proper laws for carrying into 

supreme execution the powers vested in Congress, and 

Power of r & ' 

congress. a n ther powers vested by Congress in the 
government, or any department or officer thereof. 
This provision is sometimes called " the sweeping 
clause" of the Constitution, and it is asserted by many 
that it gives to Congress the power " to do anything 
and everything." This is not true. It does give 
Congress the power to pass any law that is necessary 
to carry out fully the provisions of the Constitution, 
but it does not give Congress the power to pass any 
improper law, or one wholly irrelevant to the provis- 
ions of the Constitution. If Congress did not pos- 
sess this power either expressed or implied the Con- 
stitution would be a dead letter. 



102 CIVIL GOVERNMENT 

Powers Denied to Congress by the People. 

137. The Constitution provides that the migration 
or importation of such persons as any of the States 

T T e ra S dr e existing at the time of the adoption of the 
Constitution should think proper to admit, should not 
be prohibited by Congress prior to the year one thou- 
sand eight hundred and eight. This is the famous 
"slave trade" clause by which the infamous traffic in 
human beings was permitted by the Federal govern- 
ment for twenty years after the adoption of the Con- 
stitution. The slave trade was one of the gravest 
and most difficult questions to settle in the adoption of 
the Constitution. Many of the delegates, especially 
from North Carolina, South Carolina, and Georgia, 
demanded a clause in the Constitution permitting 
the slave trade, at least for a limited time, and de- 
clared that they would never agree upon a Constitu- 
tion that failed to have such a provision in it. The 
other delegates as vehemently opposed such a meas- 
ure, but, in order to compromise the vexed question, 
and looking to the final abolishment of the traffic, 
they agreed to the clause as embodied in the Consti- 
tution. 

138. The writ of habeas corpus shall not be sus- 
pended, unless, in cases of invasion or rebellion, the 

?o a r b P e us 3 . public safety shall require it. This is for the 
purpose of securing a citizen from false or unjust im- 
prisonment. The first act of Congress suspending 
the writ was passed in March, 1863, although Fresi- 



OF THE UNITED STATES. 103 

dent Lincoln had previously suspended it in April, 
1861. 

139. No bill of attainder shall be passed. The 
reason for this provision is very evident. In passing 

Attainder. sucn a l aw > Congress would assume the func- 
tions of the judicial department, and deprive the pris- 
oner of the right to defend himself. Such a law was 
in force prior to the adoption of the Constitution, 
being the same as the one in force in England at that 
time, but the Constitution abolishes it entirely and 
forever. 

140. No ex post facto law shall be passed. This law 
applies only to penal or criminal laws, and does not 

Fa E c*o P Law. affect civil proceedings. This provision is 
also inserted to prevent injustice to citizens by mak- 
ing them answerable for acts which were not unlaw- 
ful at the time of their commission. 

141. No capitation or other direct tax shall be 
levied except in proportion to the census last taken 

captation ag provided by the Constitution. A capita- 
tion tax is a poll tax, levied according to the number of 
inhabitants and not according to property. No capi- 
tation tax has ever been levied by Congress. 

142. The Constitution provides that no tax or duty 
shall be laid on articles exported from any State. 
Export Duties. Before the adoption of the Constitution 
heavy export duties were levied upon cotton. Several 
of the most influential members of the Constitutional 
Convention, among whom were Washington and 
Madison, were in favor of allowing Congress to tax 



104 CIVIL GOVERNMENT 

exports, thinking that it was necessary to the support 
of the government. 

143. No distinction shall be made between the ports 
of one State and those of another in regard to the 

FreeT^ade. regulations of commerce or revenue. No 
vessel bound to or from one State shall be compelled 
to enter, clear, or pay duties in another. To enter a 
port is to report the ship and cargo to the proper 
officer and obtain permission to land. To clear a 
port is to obtain from the proper officer the necessary 
papers for sailing from a port. This clause makes 
absolute free trade between the States, and prescribes 
that all rules and regulations of commerce shall be 
uniform among the different States. 

144. The Constitution provides that no money can 
be drawn from the Treasury except by an appropria- 

Ap tion?! ia " tion made by Congress. For this reason these 
appropriations ^ire made with the utmost care and 
detail so as to provide for all the various departments 
of the government. The committee on appropriations 
is one of the most important standing committees. The 
Secretary of the Treasury makes an annual report of 
the receipts and expenditures of the government, the 
fiscal year ending June 30th of each year. 

145. No title of nobility can be conferred on any 
one by the United States. The reason for this is ob- 

Nobfi.ty. vious. The corner-stone upon which the 
government of the United States is founded is the 
equality of all men; and when the government cre- 
ates casts in society by conferring titles of nobility up- 



OF THE UNITED STATES. 105 

on certain favored subjects, it destroys this funda- 
mental principle. So long as the principle of the 
equality of men is jealously guarded and maintained 
there can be no serious danger that the government 
will ever be any other than that of the people. 

146. Any person holding an office of profit or trust 
under the United States is prohibited from accepting, 
pubucofflSers. without the consent of Congress, any pres- 
ent, emolument, office, or title, of any kind whatever, 
from any king, prince, or foreign state. The object of 
this provision is to guard against bribery of any offi- 
cer of the United States by any foreign prince or state. 
Whenever such presents have been sent to officers 
of the United States by a foreign power, they have 
become the property of the United States, or Con- 
gress has authorized the officers to receive them. 

147. A number of prohibitions are placed upon 
the States, relating principally to the powers which 

prohibitions are given to the Federal government. They 
sut n es . e are as follows: No State shall enter into 
any treaty, alliance, or confederation ; grant letters 
of marque and reprisal ; coin money ; emit bills of 
credit, — that is, issue notes to be used as money; 
make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. No State shall, with- 
out the consent of the Congress, lay any imposts or 
duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; 



106 CIVIL GOVERNMENT 

and the net produce of all duties and imposts laid by 
any State on imports or exports, shall be for the use 
of the treasury of the United States: and all such 
laws shall be subject to the revision and control of the 
Congress. No State shall, without the consent of 
Congress, lay any duty of tonnage, keep troops or 
ships of war in time of peace, enter into any agree- 
ment or compact with another State or with a foreign 
power, or engage in war, unless actully invaded, or in 
such imminent danger as will not admit of delay. 
The reasons for these prohibitions are evident. All 
legislation affecting national affairs is delegated to 
Congress, while legislation pertaining to local or 
municipal affairs is delegated to the States. There- 
fore, all powers belonging to national sovereignty are 
denied to the States. 

148. Sovereignty is the right to exercise supreme 
power. State sovereignty is the right of a state to 
sovfre?!nt y . exercise this power. State Sovereignty, as 
used in the history of American politics, means the 
superiority of the State Government to the Federal 
government. This doctrine has had many supporters in 
the past, but it has none to-day. The doctrine of " State 
Sovereignty " was buried forever in the War of the 
Rebellion. The Southern States advocated the doc- 
trine, and attempted to maintain it by secession. The 
result of the war fully demonstrated the superiority 
of the Federal government to the State governments, 
which has not been questioned since. The States ot 
the Union never were sovereign States. Before the 



OF THE UNITED STATES. 107 

Declaration of Independence they were subject to 
Great Britain ; from the passage of the Declaration of 
Independence until the adoption of the Federal Con- 
stitution they were subject to the Continental Con- 
gress ; since the adoption of the Constitution they 
have been subject to the Federal government. 

REVIEW QUESTIONS. 

1. Why is Congress not limited to the specified 
powers enumerated in the Constitution ? 

2. How far does the power of Congress extend 
beyond the powers specified in the Constitution ? 

3. Why is Congress authorized to lay and collect 
taxes? 

4. What is said of their uniformity throughout 
the Union ? 

5. From what sources does the government at 
present derive its revenue? 

6. What power has Congress in regard to borrow- 
ing money? 

7. How should the expenses of the government 
be paid in times of peace ? 

8. When does it become necessary to raise large 
sums of money ? 

9. How is this money procured ? 

10. In what manner is the loan usually effected? 

11. What was the debt of the United States at the 
close of the late Rebellion, and what rate of interest 
was the government paying upon it? 

12. How does that compare with the national 
debt and rate of interest at present ? 



108 CIVIL GOVERNMENT 

13. What power has Congress in regard to regu- 
lating commerce ? 

14. What is the advantage of giving Congress 
this power ? 

15. In what ways has Congress exercised this 
power in the relations of the government with foreign 
nations ? 

16. In what ways has it been, exercised in domes- 
tic commerce ? 

17. What was the Interstate Commerce bill, and 
when was it passed ? 

18. What is naturalization ? 

19. What power has Congress in regard to natur- 
alization ? 

20. Why is Congress given this power ? 

21. Of which State is a citizen of the United 
States a citizen ? 

22. Describe the manner in which an alien is nat- 
uralized. 

23. What power has Congress in regard to bank- 
ruptcy ? 

24. What is a bankrupt law ? 

25. How many such laws have been enacted by 
Congress ? 

26. Are any of them in force at present? 

27. In what ways is a bankrupt law a benefit ? 

28. Why have bankrupt laws been repealed ? 

29. What powers has Congress in regard to coin- 
ing money? 

3">. What is money? 



OF THE UNITED STATES. 109 

31. What are paper bills ? 

32. Who has a right to issue paper bills ? 
33 What are greenbacks ? 

34. What are bank-notes? 

35. What are gold and silver certificates ? 

36. What power has Congress in regard to regu- 
lating the value of coin ? 

37. What power has Congress in regard to weights 
and measures ? 

38. How has this been done ? 

39. When was the Metric System of weights and 
measures legalized by Congress ? 

40. What is counterfeiting? 

41. What power has Congress to punish counter- 
feiting? 

42. What does the penalty for counterfeiting cover 
besides the making of counterfeit money? 

43. What act was passed by Congress in regard to 
counterfeiting in 1884? 

44. What authority has Congress in establishing 
and discontinuing post-offices and post-roads ? 

45. By whom is the post-office affairs managed ? 

46. What postmasters are appointed by the Pres- 
ident ? 

47. Who appoints the balance ? 

48. How do the salaries of postmasters compare 
with the cost of transporting the mails ? 

49. Into what classes is mail matter divided ? 

50. What constitutes each class, and what is the 
rate of postage of each class ? 



110 CIVIL GOVERNMENT 

51. What are patents and copyrights? 

52. Why are the} 7 issued ? 

53. What does a patent secure to an inventor, and 
what does it cost? 

54. For how long may a patent be extended, and 
what is the cost of extension ? 

55. What does a copyright secure to an author, 
and what does it cost? 

56. For how long may it be extended? 

57. What is the power of Congress in creating tri- 
bunals ? 

58. What inferior courts have been established by 
Congress, and when ? 

59. What is piracy ? 

60. What are high seas? 

61. Why should piracy be promptly and severely 
punished? 

62. What powers has Congress relating to offenses 
of this kind? 

63. In whom is the power to declare war vested ? 

64. Why is declaring war a matter of such grave 
importance? 

65. How many times has Congress declared war? 

66. What are letters of marque and reprisal? 

67. Who has power to grant them ? 

68. What is a vessel called that bears these let- 
ters ? 

69. What difference does the possession of these 
letters make in the treatment of a person captured 
within the lines of an enemy ? 



OF THE UNITED STATES. Ill 

70. What powers has Congress in regard to the 
Army and Navy of the United States ? 

71. For how long may appropriations be made for 
the Army ? 

72. Who is commander-in-chief of the Army and 
Navy ? 

73. Name the Army officers in the order of their 
rank. 

74. Name the Naval officers in the order of their 
rank. 

75. Which offices in the Army and Navy have 
been abolished? 

76. What are the militia? 

77. What power has Congress in regard to the mi- 
litia? 

78. On what occasions have the militia been 
called out? 

79. What is the District of Columbia ? 

80. Who controls this District ? 

81. What supreme power has Congress ? 

82. Why is this provision sometimes called "the 
sweeping clause ? " 

83. Why is it necessary for Congress to possess this 
power ? 

84. What provision is made by the Constitution in 
regard to the slave trade ? 

85. Why was this clause inserted? 

86. How is Congress restricted in regard to the 
writ of habeas corpus f 

87. When was this writ suspended by Congress? 



112 CIVIL GOVERNMENT 

88. What restriction is placed upon Congress in 
regard to passing a bill of attainder or ex post facto 
law ? 

89. How may a capitation or "other direct tax be 
levied? 

90. What is a capitation tax ? 

91. How man}' times has such a tax been levied by 
Congress? 

92. What export duties may be levied ? 

93. What is said of the uniformity of the regula- 
tions of commerce and revenue among the several 
States ? 

94. What is meant by " entering" a port? 

95. What is meant by "clearing" a port? 

96. In what way can money be drawn from the 
Treasury? 

97. Why is the committee on appropriations such 
an important one? 

98. What is the duty of the Secretary of the Treas- 
ury in regard to receipts and expenditures of the gov- 
ernment? 

99. What is said of conferring titles of nobility by 
the United States? 

100. What is the corner-stone upon which the 
government of the United States is founded ? 

101. Why does the conferring of titles of nobility 
conflict with this principle? 

102. What is said of gifts to United States officers 
from foreign governments ? 

103. What is the object of this rule ? 



OF THE UNITED STATES. 113 

104. "What is done with such presents? 

105. What prohibitions are placed upon the States? 

106. Why are these prohibitions placed upon the 
States ? 

107. What is sovereignty ? 

108. What is State sovereignty ? 

109. What is meant by " State Sovereignty " as used 
in American politics? 

110. How was this question finally settled? 

111. Why was this a false doctrine? 



. CHAPTER VII. 

EXECUTIVE DEPARTMENT. 

President. 

149. The National executive power is vested in a 
chief executive, styled the President of the United 
Term. States of America. He, together with the 
Vice-President, is elected for a term of four years to 
serve from the 4th day of March of the year following 
leap year. Although the Constitution makes no pro- 
vision as to the number of terms he may serve, yet no 
President has ever yet served more than two terms, 
and the precedent is now well established, in the 
minds of the people at least, that no one is eligible to 
a third term. 
8 



114 CIVIL GOVERNMENT 

150 In each State a number of electors, equal to 
the number of Representatives and Senators of the 
■— . State in Congress, is elected or appointed in 
such manner as the Legislature may direct The 
Sectors are now elected on a general ticket by direct 
vote of the people. The time for the election ot 
Sectors is the first Tuesday after the first Monday m 
November. No Senator or Representative, or person 
holding any office of trust or profit under the United 
States can be an elector. Congress determines the 
tofo'f choosing the electors, and the day on winch 
they shall give their votes, the said day being the 
same throughout the United States. 
TsV On The second Monday in January of the year 
following their election, the electors of each State 
>!!l 8 o ( * me et at some place in the State, usually the 
caT/tat and proceed to vote by ballot for President 
and V ce-President, one of whom, at least must no 
be an inhabitant of their own State. The ballots 
must distinguish who is voted for as President and 
To L voted for as Vice-President. Three separate 
lists of all persons voted for as President and of all 
persons voted for as Vice-President, and of the nuni- 
Teo votes cast for each, must be made out signed 
and certified by the electors. One of these lists m« 
be sent by special messenger to the President of the 
Sena e ^Washington, one must be forwarded o him 
b mail, and one must be delivered to the Judge of < 
the United States Court of the district in which the 
electors meet. 



OF THE UNITED STATES. 115 

152. On the second Wednesday in February the 
two houses of Congress meet in joint session for the 

the U votef. purpose of counting the electoral votes for 
President. The President of the Senate presides and 
opens the lists of electoral votes in the presence of 
both houses. The votes are then counted by tellers 
appointed from both houses. The person receiving a 
majority of all the votes for President cast by the 
electors appointed or elected, shall be declared elected 
President ; and the person receiving a majority of all 
the votes for Vice-President cast by the electors ap- 
pointed or elected, shall be declared elected Vice- 
President. 

153. If no one has received a majority of the votes 
of all the electors appointed, the *House of Repre- 

Bieotion of sentatives proceeds at once to the election of 

President by T ^ . .. mi i • 

the Housedt a President, lne election must be made 

Representa- 
tives. f rom the three persons having the largest 

number of electoral votes. Two-thirds of the States 

must be represented; each State has one vote, and 

the person elected must secure the votes of a majority 

of the States. If no person is elected President by 

the fourth day of March, the Vice-President becomes 

President. 

154. If no one has received a majority of the elec- 
toral votes for Vice-President, the fSenate will pro- 

*Two Presidents have been elected by the House of Eepresenta- 
tives: 4 Thomas Jefferson, in 1801, and John Quincy Adams, in 1825. 

tBut one Vice-President has been elected by the Senate : Richard 
M. Johnson, in 1837. 



116 CIVIL GOVERNMENT 

Election of ceed at once to the election of a Yice-Presi 

Vice-President 

bytheSenate -clent, making its selection from the two per- 
sons having the highest number of votes. Two- 
thirds of the Senate must be present, and a majority 
of the whole number of Senators is necessary to a 
choice. 

155. When the electoral system was adopted it 
was intended that each elector should use his per- 

intentionof sonal judgment in voting for President, it 

the Electoral .JO O 

college, being thought that the electors would be less 
likely to err in selecting a proper person to till the 
highest office in the Nation. It has, however, be- 
come a mere registering machine, each Presidential 
elector voting for the candidate nominated by the na- 
tional convention of his party. The result is known 
long before the meeting of the ^Electoral College, 
and the meeting of that body is nothing more than 
a form. 

156. In order to be eligible to the office of Presi- 
dent a person must be at least thirty-five years of age, 
Qualifications, a natural born citizen of the United States, 
and must have been for fourteen years a resident 
within the United States. The Constitution provides 
that a person must be either a natural born citizen or 
a citizen at the time of the adoption of the Constitu- 
tion, but it has been so long since the adoption of the 
Constitution that now the section practically means 
a natural born citizen. The Presidency and Vice- 

*The whole body of electors taken together is called the Electoral 
College. 






OF THE UNITED STATES. 117 

Presidency are the only offices within the gift of the 
American people which the Constitution prohibits 
foreign born citizens from filling. 

157. On the fourth of March of every fourth year 
the newly elected President is formally installed 
inauguration, in his office. This consists of his taking the 
oath of office administered to him by the Chief-Jus- 
tice of the United States in the presence of a vast as- 
sembly of citizens. The Vice-President takes the 
oath of office a few minutes before the President in the 
presence of the Senate. u Inauguration Day," as it is 
called, is made the occasion of a grand festival, and 
magnificent military and civic parades, in which vast 
concourses of citizens assemble at the Capital City 
and vie with each other in doing homage to the new 
Chief Magistrate. 

158. The oath of office administered to the Presi- 
dent by the Chief-Justice is as follows : " I do solemnly 
oath of office, swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and 
will, to the best of my ability, preserve, protect, and 
defend the Constitution of the United States. 1 ' 

159. After taking the oath of office the new Presi- 
dent delivers his inaugural address, in which he out- 

^ddfeas*! lines the purpose, aims and policy of his ad- 
ministration. This address is delivered from the east- 
ern steps of the Capitol, and in the presence of a vast 
concourse of citizens. 

160. The Constitution provides that the salary of 



118 CIVIL GOVERNMENT 

the President shall be fixed by Congress. It also 
salary, provides that this salary shall be neither* in- 
creased nor diminished dnring the time for which the 
President was elected. The salary of the President at 
present is fifty thousand dollars per year. 

161. In addition to his salary, he has the use of the 
executive mansion, called the White House, which is 

Kesidence. furnished and kept in repair, lighted and 
heated at public expense. He makes his residence 
here, and receives foreign ambassadors, deputations of 
citizens, members of Congress, and of other depart- 
ments of the Government. 

162. Our President is not hedged about by nobles 
and officials like the rulers of most foreign nations, 
Accessibility, and thus cut off from communication and 
intercourse with the public at large. The humblest 
citizen can easily reach him, and he mingles with the 
people as freely as other citizens. In one respect this 
is a source of great annoyance and vexation to him, 
as he is constantly sought and importuned by persons 
seeking office. To relieve him to some extent from 
this strain, the greater number of government em- 
ployes are appointed by the heads of executive de- 
partments, subject to the approval of the President. 
In furtherance of this plan, the Civil-Service Commis- 
sion has been instituted, by which candidates for cler- 
ical positions are required to pass a competitive ex- 
amination. 

163. The President may be removed from office on 



OF THE UNITED STATES. 119 

conviction, by impeachment, of treason, bribery, or 
Rei office. from °tber high crimes and misdemeanors. The 
bill of impeachment is brought by the House of Rep- 
resentatives, and he* is tried by the Senate, presided 
over during the trial by the Chief-Justice of the 
United States. 

164. Whenever the office becomes vacant by reason 
of the President's removal, death, resignation or ina- 

succesTion! bility to perform the duties of his office, the 
Vice-President shall succeed to the office. The Con- 
stitution also gives Congress the power to provide 
who shall act as President when the offices of Pres- 
ident and Vice-President are both vacant. The Pres- 
idential Succession Bill, passed in January, 1886, 
provides that, after the Vice-President, the members 
of the President's Cabinet shall succeed to the Presi- 
dency in the following order: Secretary of State, 
Secretary of the Treasury, Secretary of War, Attor- 
ney-General, Postmaster-General, Secretary of the 
Navy and Secretary of the Interior. Since the pas- 
sage of that bill a new Cabinet office has been created, 
Secretary of Agriculture. This officer will, of course, 
rank last in the list. 

Powers and Duties of the President. 

165. The President is Commander-in-Chief of the 
army and navy of the United States, and of the 

c T-chr e d f er " militia of the several States when called into 
the service of the United States. It is not the custom 
for the President to take the field himself in time of 



120 CIVIL GOVERNMENT 

Avar. He appoints and removes officers, and directs 
the movements of the armies. 

166. He has power to grant reprieves and pardons 
for offenses against the National Government, except 

and e p r ar e do e n S 3. in cases of impeachment. He can not grant 
pardons or reprieves for violation of State laws ; this 
power is given only to the governors of the States. 

167. The President has power to make treaties 
with foreign nations; but all such treaties must be 

Treaties, confirmed by the Senate, two-thirds of the 
members present concurring. These treaties are 
usually arranged by ministers or ambassadors from 
this country acting under the direction of the Presi- 
dent. They are then submitted to the Senate for its 
ratification or rejection. For the discussion of treaties 
the Senate meets in *secret session. 

168. By and with the advice and consent of the 
Senate, the President has power to appoint fMinis- 
A PP ointment9. ters, JConsuls, Judges of the United States 
Courts, and all other officers of the United States 
whose appointment is not otherwise provided for by 
the Constitution. Congress, however, has power 

*When the Senate is in secret session for the purpose of considering 
treaties or nominations made by the President it is said to be in 
Executive Session. 

tMinisters are officers sent by our government to each of the more 
important foreign nations for the purpose of transacting business 
between our government and the government at which they reside. 

^Consuls are officers sent to foreign ports for the purpose of attend- 
ing to such commercial transactions as the government may have at 
that port, and of protecting the rights of seamen and merchants. 



OF THE UNITED STATES. 121 

to vest the appointment of such inferior officers 
as it thinks proper in the President alone, in the 
courts, or in the heads of departments. The Presi- 
dent may nominate any person whom he may choose 
for an office, but the Senate is not obliged to confirm 
his nomination. The nominations are sent to the 
Senate in writing, and are considered by that body in 
executive session. If a nomination made by the Pres- 
ident is rejected, he must nominate other persons for 
the position until one is found who is satisfactory to the 
Senate. If an office become vacant while Congress is 
not in session, the President may appoint a person to 
fill the vacancy. The commission of the person thus 
appointed expires at the close of the next session, and 
some time during the session the President nominates 
a person to fill the office permanently. The President 
can not remove an officer without the consent of the 
Senate. He can, however, during a recess of the 
Senate, suspend any officer appointed by him, except 
the Judges of the United States Courts, until the end 
of the next session of Congress, and appoint another 
person in the place of the suspended officer. 

169. The Constitution makes it the President's 
duty to give to Congress information of the state of 
^conJflsV. the Union, and to recommend to their con- 
sideration such measures as he may judge necessary 
and expedient. It is, therefore, the practice for the 
President, at the beginning of each session of Con- 
gress, to send a message to that body, containing re- 
ports of each of the departments, and such recom- 



122 CIVIL GOVERNMENT 

mendations as he may think proper to make. He 
also seuds such messages as may be necessar3 T to 
either branch during the session of Congress. 

170. On extraordinary occasions the President has 
power to convene either or both houses of Congress ; 
convening and and, in case of a disagreement between the 

Adjourning ' ° 

congress. ^ w0 h ouses regarding a time of adjournment) 
he may adjourn them to such a time as he may think 
proper. 

171. The Constitution makes it the special duty of 
the President to see that the laws are faithfully exe- 
Ex Law S on of cuted. The executive business of the gov- 
ernment is so great, and so varied in its character, 
that it is impossible for the President to attend to it per- 
sonally. The executive affairs, therefore, are divided 
among eight departments. The heads of these de- 
partments constitute the President's Cabinet, or body 
of advisers. 

Cabinet. 

172. The Cabinet is appointed by the President 
immediately after his inauguration, and is confirmed 
Appointment, by the Senate in special session. The fol- 

Members, ^ L 

salary, Etc. lowing are the Cabinet officers : Secretary 
of State, Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of 
the Navy, Secretary of the Interior, and Secretary of 
Agriculture. The President may require the written 
opinion of any member of the'Cabinet on any subject 
connected with his department, but the President is 



OF THE UNITED STATES. 123 

not obliged to follow the advice of the officer. The 
members of the Cabinet each receive a salary of eight 
thousand dollars per year. 

173. The Department of State is the most impor- 
tant of the executive departments. It has charge of 

D ot pa sSe. nt all the business of the United States with 
foreign nations. Through this department the Pres- 
ident instructs the consuls and diplomatic officers of 
the nation. The Secretary of State receives all foreign 
ambassadors and presents them to the President. 
This department also has charge of the seal of the 
United States. This seal, together with the signa- 
ture of the Secretary of State, is affixed to the procla- 
mations of the President and all other State papers. 
All laws and resolutions of Congress are filed in the 
State Department. The duties of the Secretary of 
State are not well defined, but are to a large extent 
determined by the instructions of the President 
This department has been in operation since the or- 
ganization of the government, in 1789. 

174. The Department of the Treasury has charge 
of the financial affairs of the nation. It collects all 

Department customs and revenues, pays out all money 
Treasury. f rom fae Treasury of the United States, coins 
money, has charge of the coast survey, provides for 
the erection of light-houses, and superintends the exe- 
cution of all laws which relate to commerce and nav- 
igation. The Department of the Treasury has been 
in operation since the adoption of the Constitution. 

175. The Department of War has charge of the 



124 CIVIL GOVERNMENT 

military affairs of the nation. It exercises control 
D TwTn nt over the army of the United States, furnishes 
supplies and equipments for the troops, superintends 
their payment, has charge of the construction of arse- 
nals, hospitals and armories, and has the care of the 
military academy at West Point. The signal service 
and system of weather reports are under the control 
of this department. This department was also organ- 
ized in 1789. 

176. The Department of Justice, of which the At- 
torney-General is the head, has charge of all legal 

%X!' affairs concerning the United States. The 
Attorney-General prosecutes all suits in the Supreme 
Court to which the United States is a party ; he gives 
legal advice, when requested, to the President, or to 
the heads of the other executive departments on busi- 
ness connected with their departments ; and he has 
general superintendence over United States District 
Attorneys and Marshals, and receives reports from 
them. The Department of Justice was created June 
22, 1870. 

177. The Post-office Department has the care and 
supervision of all matters connected with the United 
Depar"t°n?e c n e t. States mail. It establishes and discontinues 
post-offices, selects and establishes post-routes, ap- 
points all postmasters whose salaries are less than one 
thousand dollars per year, receives reports from all 
postmasters and furnishes stamps, postal cards, etc. 
While there has been no statute creating a Post-office 
Department, yet this department has been in practi- 



OF THE UNITED STATES. 125 

cal operation ever since the organization of the Fed- 
eral government. 

178. The Department of the Navy has charge of 
the naval affairs and forces of the nation. It attends 
^hexlT/.^to the building, purchase and repair of all 
government vessels, has control of navy-yards and 
dock-yards, and sees to the supply and equipment of 
vessels and seamen. It also has the care of the naval 
academy at Annapolis. The Navy Department was 
established April 30, 1798. 

179. The Department of the Interior has charge of 
such domestic business as is not distributed among the 
D thriSor°. f other departments. It has charge of the 
public lands of the United States, distributes pensions, 
grants patents, exercises control over the Indian 
tribes, and superintends the taking of the United 
States census every ten years. The Bureau of Educa- 
tion is a part of this department. The Interior De- 
partment was established March 3, 1849, 

180. The Department of Agriculture is under the 
control of the Secretary of Agriculture. It is his duty 
D AgrTciStm*e? f to disseminate useful information concerning 
the Agricultural interests of the country, to collect 
and distribute new and valuable seeds and plants, 
and to promote the agricultural and horticultural in- 
terests of the country. The Agricultural Depart- 
ment was the last of the executive departments cre- 
ated, being established February 1, 1889. 



126 CIVIL GOVERNMENT 



REVIEW QUESTIONS. 



1. In whom is the National executive power 
vested ? 

2. For how long a term is he elected? 

3. When does his term of office begin and end ? 

4. For how long is he eligible to office? 

5. What are Presidential electors ? 

6. How are they apportioned among the States? 

7. How and when are they elected ? 

8. Who are ineligible as Presidential electors? 

9. How many electors is this State entitled to ? 

10. When and where do the electors meet to bal- 
lot for President and Vice-President ? 

11. How are their ballots cast? 

12. How many lists of persons voted for as Presi- 
dent and Vice-President must be made out by them ? 

13. How are these lists made out ? 

14. What is done with these lists? 

15. When and by whom are the votes counted as 
made out in the lists furnished by the electors? 

16. Who presides at the counting of the votes ? 

17. How are the votes counted ? 

18. How many votes must the successful candi- 
dates for President and Vice-President each receive? 

19. In case no one has been elected by the elec- 
tors, who elects a President ? 

20. Describe the manner of electing a President 
by the House of Representatives. 

21. If the House of Representatives fail to elect a 
President, who becomes President? 



OF THE UNITED STATES. 127 

22. How many and what Presidents have been 
elected by the House of Representatives? 

23. In case the electors fail to elect a Vice-Presi- 
dent, upon whom devolves the election of a Vice- 
President ? 

24. Describe the manner of electing a Vice-Presi- 
dent by the Senate. 

25. How many and what Vice-Presidents have 
been elected by the Senate ? 

26. What is meant' by the Electoral College ? 

27. What was the original intention of the Elec- 
toral College? 

28. How has the Electoral College fulfilled this 
intention ? 

29. Who is now President of the United States ? 

30. Who is the present Vice-President ? 

31. What are the qualifications of a President? 

32. What is meant by the inauguration of a Pres- 
ident? 

33. When does this ceremony take place ? 

34. By whom is the oath of office administered ? 

35. When and where does the Vice-President take 
the oath of office? 

36. Repeat the oath of office administered to the 
President. 

37. What is meant by the President's inaugural 
address ? 

38. When and where and in whose presence is 
this address delivered? 

39. What is the salary of the President? 



128 CIVIL GOVERNMENT 

40. How is this salary fixed? 

41. What is the White House ? 

42. What is said of the accessibility of the Presi- 
dent ? 

43. How is this a great annoyance to him? 

44. In what way is he relieved of much of this vex- 
ation ? 

45. What is the Civil-Service Commission ? 

46. How and for what causes may a President be 
removed from office ? 

47. In case of a vacancy in the office of President 
who becomes President? 

48. In case of a vacancy in the offices of both Pres- 
ident and Vice-President who succeeds to the Presi- 
dency, and in what order? 

49. Of what is the President commander-in-chief? 

50. In what way does he exercise this authority? 

51. What power has the President in granting re- 
prieves and pardons ? 

52. What power has the President to make treaties 
with foreign nations? 

53. What is the duty of the Senate in regard to 
treaties made by the President ? 

54. By whom are these treaties usually arranged ? 

55. When is the Senate said to be in executive ses- 
sion ? 

56. What officers does the President appoint? 

57. What is the duty of the Senate in regard to 
these appointments? 

58. Who are ministers? Consuls? 



OF THE UNITED STATES. 129 

59. How are the nominations of the President sent 
to the Senate ? 

60. How are they considered by that body ? 

61. If the Senate fail to confirm an appointment, 
what is the duty of the President? 

62. How is a vacancy filled during a recess of Con- 
gress ? 

63. How can the President remove an officer ? 

64. "What officers may he remove during a recess 
of Congress? 

65. "What messages must the President send to 
Congress? 

66. What do these messages embrace ? 

67. What power has the President in regard to con- 
vening and adjourning Congress? 

68. What is the duty of the President in regard to 
executing the laws ? 

69. What is said of the amount of executive busi- 
ness ? 

70. What provision is made to relieve the President 
of a vast amount of these duties ? 

71. What is the President's Cabinet? 

72. How are the members of the Cabinet appointed ? 

73. Enumerate the different heads of these depart- 
ments. 

74. What reports must these heads of departments 
make to the President? 

75. What is the salary of each Cabinet officer? 

76. Which is the most important Cabinet officer? 

77. What are the duties of the State Department? 
9 



130 CIVIL GOVERNMENT 

78. "When was this department created ? 

79. "Who is the present Secretary of State ? 

80. What are the duties of the Treasury Depart- 
ment? 

81. When was this department organized? 

82. Who is the present Secretary of the Treasury ? 

83. What are the duties of the War Department? 

84. When was this department created ? 

85. Who is now Secretary of War? 

86. What are the duties of the Department of Jus- 
tice? 

87. When was this department created ? 

88. Who is the present Attorney-General? 

89. What are the duties of the Post-office Depart- 
ment? 

90. When was this department created? 

91. Who is now Postmaster-General ? 

92. What are the duties of the ISTavy Department ? 

93. When was this department created? 

94. Who is the present Secretary of the Navy ? 

95. What are the duties of the Interior Depart- 
ment? 

96. When was this department created ? 

97. Who is now Secretary of the Interior ? 

98. What are the duties of the Agricultural De- 
partment? 

99. When was this department created ? 

100. Who is the present Secretary of Agriculture? 



CHAPTER VIII. 

JUDICIAL DEPARTMENT. 

181. The Constitution vests all judicial power in 
a Supreme Court and such inferior courts as Congress 
how vested, may from time to time establish. Three in- 
ferior courts have thus far been established, the Cir- 
cuit Courts, the District Courts, and the Court of 
Claims. 

182. The Supreme Court consists of a Chief- Jus- 
tice and eight Associate Justices. It meets annually, 

s cou e rt! e m Washington, beginning on the second 
Monday in December. The Supreme Court has orig- 
inal jurisdiction in all cases affecting ambassadors, 
other public ministers and consuls, and in all cases in 
which a State is a party. In all other cases it has ap- 
pellate jurisdiction, both as to law and fact, subject to 
the regulations of Congress. 

183. The territory of the United States is divided 
into nine ^circuits, *each circuit comprising several 

*The States composing the several circuits are as follows: 

First Circuit. — Maine, New Hampshire, Massachusetts and Rhode 
Island. 

Second Circuit. — Connecticut, Vermont and New York. 

Third Circuit. — New Jersey, Pennsylvania and Delaware. 

Fourth Circuit. — Maryland, Virginia, West Virginia, North Caro- 
lina and South Carolina. 

Fifth Circuit. — Georgia, Alabama, Florida, Mississippi, Louisiana 
and Texas. 

Sixth Circuit.— Michigan, Ohio, Kentucky and Tennessee. 

Seventh Circuit. — Indiana, Illinois and Wisconsin. 

Eighth Circuit. — Missouri, Iowa, Minnesota, Arkansas, Kansas, Col- 
orado and Nebraska. 

Ninth Circuit. — California, Oregon and Nevada. 
(131) 



132 CIVIL GOVERNMENT 

courts. States. The Chief- Justice and Associate Jus- 
tices of the Supreme Court are allotted one to each 
circuit, and must hold court in the circuit at least 
once in two years. For each circuit there is also ap- 
pointed a Circuit Judge. 

184. These circuits are divided into districts, in 
each of which a. District Judge is appointed. There 

courts! are at present fift^-seven districts in the 
United States, each State having at least one district. 
Besides the District Judges, there are also appointed 
for each district a District Attorney and a United States 
Marshal. 

185. Neither the United States nor any State can 
be sued. Congress has, therefore, established a Court 

ciafms? °f Claims composed of a Chief-Justice and 
four Associate Justices, who hold their offices during 
good behavior. This court holds annual sessions, in 
Washington, commencing at the same time as the Su- 
preme Court, on the first Monday in December. It 
has jurisdiction of all claims founded upon any law 
of Congress, or upon any regulation of an executive 
department, or upon any contract with the govern- 
ment of the United States, and also of all claims re- 
ferred to it for decision by either House of Congress. 
If the judges think the claim should be granted, they 
so report to Congress, and Congress generally makes 
an appropriation for the amount allowed by the court. 
If, however, Congress refuse to make the appropria- 
tion, there is no other remedy. 

186. Besides the courts above enumerated, Con- 



OF THE UNITED STATES. 133 

gress has established several other inferior courts. 

coSte. These are territorial courts, military courts, 
courts martial, and courts of impeachment. Territo- 
rial courts bear about the same relation to the terri- 
tories that the Federal and State courts bear to the 
United States. Military courts are courts organized 
in time of war when martial law is in force, and the 
other courts are powerless to perform their duties. 
Courts-martial are courts organized to try offenses 
committed by persons in the military and naval ser- 
vice. Courts of impeachment have jurisdiction over 
political offenses. There is also a Supreme Court of 
the District of Columbia, composed of a Chief-Justice 
and four Associate Justices, who hold their offices 
during good behavior. Either of these live justices 
may hold a district court for the District of Columbia 
with the same powers as other district courts of the 
United States. 

187. The United States Courts have jurisdiction 
over all cases in law or ^equity arising under the Con- 



of stitution, the flaws of the United States, or 



U. S. Courts. 



treaties made by authority of the United States; all 
cases affecting ambassadors, and other public minis- 
ters and consuls ; all cases of Jadmiralty and mari- 

*By cases in equity is meant cases to which statute law can not be 
applied, but which are decided in the light of right or justice as 
contemplated by the law of nature. 

tUnder this head are included such cases as counterfeiting, in- 
fringement of patents, violations of internal revenue laws, and rob- 
bery of United States mails. 

JBy cases of admiralty is meant cases which arise on the sea, and 
not within the jurisdiction of any country. Under this head may 
come cases of piracy, collision of vessels, claims made upon vessels, 
or persons traveling on the sea. 



134 CIVIL GOVERNMENT 

time jurisdiction ; all cases to which the United States 
shall be a party ; and all controversies between States, 
between citizens of different States, between citizens 
of the same State claiming lands under grants of 
different States, between a State and foreign States, 
and between citizens of a State and citizens of a for- 
eign State. 

188. All United States Judges are appointed by 
the President with the advice and consent of the Sen- 
Un jud d g s e3? tes ate. Their term of office is for *life, or dur- 
ing good behavior. They may be removed from of- 
fice by conviction on impeachment of treason, bribery, 
and other high crimes and misdemeanors. Their sal- 
aries are fixed by Congress, but can not be diminished 
during their continuance in office. Their salaries at 
present are as follows : Chief-Justice of the Supreme 
Court, $10,500 per year; Associate Justices of the 
Supreme Court, $10,000 per year; Circuit Judges, 
$6,000 per year; District Judges, $3,500 to $5,000 per 
year. 

189. The trial of all crimes, except in cases of im- 
peachment, shall be by jury. A jury in the United 

c 5Sa n s! 1 States consists of twelve men, impartially 
selected, who must all concur in order to convict the 
accused. = The trial must be held in the State where 
the offense shall have been committed; but, when not 
committed within any State, the trial shall be held at 

*By act of Congress, when a judge of any United States Court 
becomes seventy years of age, and has served at least ten years, he 
may retire from service and receive during life the same salary that 
was paid him at the time of his retirement. 



OF THE UNITED STATES. 135 

such place as Congress may have provided for. An 
'amendment to the Constitution provides that no per- 
son shall be held to answer for a capital or other in- 
famous crime, unless on an indictment of a grand 
jury, except in cases arising in the land or naval- 
forces, or in the militia when in actual service of the 
United States or any State in time of war or public 
danger. No person shall be twice put in jeopardy for 
the same offense ; that is, he can not again be tried for 
the same offense after being acquitted by the verdict 
of a jury, or after judgment has been pronounced ex- 
cept he be granted a new trial. No one shall be com- 
pelled to be a witness against himself in any criminal 
case, nor be deprived of life, liberty or property with- 
out due process of law. In all criminal prosecutions 
the accused shall have the right of a speedy, public 
and impartial trial by jury, to be informed of the na- 
ture of the charge against him, to be confronted by 
the witnesses against him, to have compulsory process 
for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

190. In connection with this department the Con- 
stitution defines the crime of treason, and gives to 

Treason. Congress the power to declare what its pun- 
ishment shall be. Treason against the United States 
consists in levying war against the government, or 
adhering to its enemies or giving them aid or com- 
fort. Two witnesses to the same overt act, or confes- 
sion in open court, are necessary to convict the ac- 
cused of treason. The punishment of treason as fixed 



136 CIVIL GOVERNMENT 

by Congress is death, or imprisonment for not less 
than five years, and a fine of not less than ten thou- 
sand dollars. This may be changed at any time by 
act of Congress. No punishment, however, can be 
imposed which will forfeit the comdemned person's 
property, except during his life, or prevent him from 
transmitting it to his heirs. As treason is a violation 
of one's allegiance, or a crime against sovereignty, 
there can be no such thing as treason against any sin- 
gle State. 

REVIEW QUESTIONS. 

1. In what is the Federal judicial power vested? 

2. What inferior courts have been established by 
Congress ? 

3. Of whom does the Supreme Court consist ? 

4. Who is the present Chief-Justice of the Su- 
preme Court? 

5. Name the present Associate Justices of the Su- 
preme Court. 

6. When and where does the Supreme Court 
meet? 

7. In what cases has the Supreme Court original 
jurisdiction ? Appellate jurisdiction ? 

8. How many Circuits are there in the United 
States ? 

9. In which Circuit do you live ? 

10. Name the States constituting this Circuit. 

11. What Supreme Judge is assigned to this Cir- 
cuit? 



OF THE UNITED STATES. 137 

12. Who is the Circuit Judge of this Circuit. 

13. How often must Court be held in a Circuit? 

14. Into how many Districts is the United States 
divided? 

15. How many Districts has this State? 

16. Who is District Judge of this District ? 

17. What other officers are appointed for each Dis- 
trict? 

18. Who are those officers for this District at pres- 
ent? 

19. Of whom is the Court of Claims composed? 

20. Name the present Chief-Justice and Associate 
Justices of the Court of Claims. 

21. For how long are they appointed? 

22. When and where does this Court hold its ses- 
sions? 

23. In what cases has it jurisdiction? 

24. What is the duty of Congress in regard to the 
decisions of the Court of Claims? 

25. What other inferior courts have been estab- 
lished by Congress? 

26. What are the duties of each ? 

27. Over what cases have the United States Courts 
jurisdiction? 

28. What is meant by cases in equity ? 

29. What are admiralty cases ? 

30. How are United States Judges appointed? 

31. What is their term of office ? 

32. How may they be removed from office ? 

33. What is said of the retirement of a United 
States Judge ? 



138 CIVIL GOVERNMENT 

34. By whom are their salaries fixed ? 

35. What is said of changes in their salaries during 
their term of office ? 

36. What salaries do they receive at present ? 

37. Who shall try all criminal cases ? 

38. What constitutes a jury in the United States? 

39. What is necessary in order for them to arrive 
at a verdict? 

40. Where must the trial be held ? 

41. When must an indictment be brought by a 
grand jury? 

42. What is said of trying a person twice for the 
same offense ? 

43. What is said of a person testifying against him- 
self? 

44. In what way only can he be deprived of life, 
liberty or property? 

45. What right of trial has the accused in all crim- 
inal prosecutions? 

46. What rights has he in regard to witnesses and 
counsel? 

47. By what authority has treason been defined? 

48. Who fixes the punishment for treason ? 

49. In what does treason against the United States 
consist ? 

50. What proof is necessary to convict of treason ? 

51. What is the punishment of treason as fixed by 
Congress ? 

52. What punishment is prohibited? 

53. Why can there be no treason committed against 
a particular State ? • 



CHAPTER IX. 

MISCELLANEOUS PROVISIONS OF THE CONSTITUTION. 

191. The introductory sentence of the Constitution 
is called the " preamble," yet this is hardly the proper 

preamble, term to apply to it; the " enacting clause" 
would be much more appropriate. A preamble sim- 
ply gives the reasons for the adoption of a resolution 
or enactment, but is no part of it, while the enacting 
clause is mandatory, and is one of the most important 
parts of a statute. The preamble to the Constitution 
is divisible into four distinct parts, (1) the authority — 
We, the People of the United States ; (2) ends — in 
order to form a more perfect Union, establish justice, 
insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity ; (3) 
ordainment — do ordain and establish this Constitu- 
tion ; (4) nation — for the United States of America. 

Relating to States and Territories. 

192. Full faith and credit shall be given in each 
State to the public acts, records and judicial proceed- 
ScJrdste'c'. ings of every other State. That is, if a ju- 
dicial decision has been made against a person in one 
State, it may be enforced in any other without being 
re-examined. Congress has the power to prescribe 
the manner in which the acts, records or decisions 
may be authenticated. 

(139) 



140 



CIVIL GOVERNMENT 



193. The citizens of each State are entitled to all 
the privileges of the several States. The object of 

o?citizfnl this clause is to provide for an equality of 
citizenship in the States. "No State can deny to citi- 
zens of other States the privileges which would be- 
long to them were they citizens of the State. 

194. A person charged with treason, felony, or 
other crime, who shall flee from justice and be found 
from S just!ce. ln another State, may, on demand of the ex- 
ecutive authority of the State from which he fled, be 
delivered up to be removed to the State having juris- 
diction of the crime. The officers of a State can not 
go beyond its boundaries to arrest a criminal. If the 
criminal be found in another State, the Governor of 
the State from which he fled may make requisition 
upon the Governor of the State in which he is found 
for the return of the criminal. The request is gener- 
ally complied with, yet if the Governor should refuse 
to return the person there is no method of compelling 
him to do so. The surrendering by one nation to 
another of a fugitive from justice is called extradition. 

195. New *States may be admitted into the Union 



* Since the organization of the thirteen original States under the 
Federal Constitution, twenty-five new States have b.een admitted 
into the Union : 



Vermont, 


1791. 


Maine, 


1820. 


California, 


1850. 


Kentucky, 


1792. 


Missouri, 


1821. 


Minnesota, 


1858. 


Tennessee, 


1796. 


Arkansas, 


1836. 


Oregon, 


859. 


Ohio, 


1802. 


Michigan, 


1837. 


Kansas, 


1861. 


Louisiana, 


1812. 


Florida, 


1845. 


West Virginia, 


, 1863. 


Indiana, 


1816. 


Texas, 


1845. 


Nevada, 


1864. 


Mississippi 


1,1817. 


Iowa, 


1846. 


Nebraska, 


1867. 


Illinois, 


1818. 


Wisconsin, 


1848. 


Colorado, 


1876 


Alabama, 


1819. 











OF THE UNITED STATES. 1 41 

by Congress, but no new State can be formed within 
if static the jurisdiction of another State, nor can any 
State be formed of two or more States or parts of 
States, without the consent of the Legislatures of the 
States concerned as well as of Congress. There are 
two ways in which new States have been admitted 
to the Union. In some cases the people of the Ter- 
ritory have formed a constitution, and then petitioned 
Congress for admission. In others Congress has 
taken the first step and passed an enabling act ad- 
mitting the State as soon as it adopts a satisfactory 
constitution. No certain number of inhabitants is 
necessary for admission. It has, however, been the 
practice not to admit a Territory as a State until it 
has at least a number of inhabitants equal to the 
number required for a Representative in Congress. 

196. Congress has power to make all laws respect- 
ing the territory of the United States, and to dispose 
Territories of it as it may see fit. The organized *Ter- 
united states. -ritories are under the exclusive control of 
Congress. The act of Congress providing for the or- 
ganization of a Territory is much the same as a State 

* There are at present ten Territories in the United States : New 
Mexico, Idaho, Utah, Montana, Washington, Wyoming, Dakota, Ar- 
izona, Alaska and Indian Territory. These all have organized gov- 
ernments except the Indian Territory. Congress has passed an en- 
abling act authorizing Washington, Montana and Dakota — the latter 
as two States, North and South Dakota — to form constitutions pre- 
paratory to being admitted into the Union as States. This will be 
consummated soon, and the four new States will probably be admit- 
ted before the end of 1889. 



142 CIVIL GOVERNMENT 

Constitution, except that it is not adopted by the peo- 
ple. It provides for a Territorial Legislature, to be 
chosen by the people, and for a Governor, Secretary, 
and judicial officers, to be appointed by the President. 
The citizens of the Territories, however, have no voice 
in the electiop of the President of the United States, 
and their delegates in Congress have no vote. 

197. The United States shall guarantee to every 
State in the Union a republican form of government, 

KepuMican and shall protect them against invasion ; and, 
Government, on application of the Legislature, or of the 
Governor when the Legislature can not be convened, 
against domestic violence. As the States are prohib- 
ited from engaging in war, it is but right that the 
Federal Government should protect them from inva- 
sion and rebellion ; and, as it is necessary to the safety 
of the entire country that the people of the States 
should not be deprived of their political rights, it is 
self-protection which leads the Federal Government 
to quell insurrections and scenes of domestic violence. 

198. The Constitution, all laws of the United 
States made in pursuance thereof, and all treaties 
supreme Law. made by the United States, constitute the 
supreme law of the land. Any State law, or any 
clause in a State Constitution which is contrary to 
national law is void, and must so be declared by the 
judges of the State courts. 

199. The Senators and Representatives in Congress, 
all members of State Legislatures, and all executive 
oath of office, and judicial officers, both of the United 
States and of the States, must, before entering upon 



OF THE UNITED STATES. 143 

the duties of their offices, take oath or affirmation to 
support the Constitution of the United States ; but no 
religious test shall ever be required to hold any office 
or public trust under the United States. 

* Amendments. 

200. Amendments to the Constitution may be pro- 
posed in two different ways, and ratified in two ways. 

how Made. They may be proposed by a two-thirds vote 
in both houses of Congress, or by a convention called 
by Congress, on the application of the Legislatures 
of two-thirds of the States. They may be ratified by 
the Legislatures of three-fourths of the States, or by 
conventions in three-fourths of the States, as Con- 
gress may direct. Any portion of the Constitution 
may be amended except that section which gives the 
States equal representation in the Senate. 

201. Fifteen amendments to the Constitution have 
thus far been made. They have all been proposed by 

Number and Congress and ratified by the State Legisla- 

Characterof mi n i t • -, r^-. 

Amendments, tures. lhe first ten were adopted in 1791, 
just two years after the adoption of the Constitution, 
and are known as the National Bill of Rights. These 
amendments do not change any provision in the Con- 
stitution. They were added at the request of several 
of the State Conventions to give security against any 
possible misconstruction of the powers of the Federal 
Government. The State Bill of Rights, embodied in 
the Constitution of each of the several States, is in 
many respects modeled after them. The last five 



144 CIVIL GOVERNMENT 

amendments change the provisions of the Constitu- 
tion, the eleventh limiting the bringing of suits against 
the States, the twelfth changing the mode of electing 
the President and Vice-President, and the last three 
emancipating the negro and restoring him to political 
equality with other citizens. 

202. The first amendment prohibits Congress from 
making any law respecting an establishment of relig- 
Amendment. ^on, or prohibiting its free exercise ; also from 
abridging the freedom of speech or of the press, or the 
right of the people to assemble peaceably and petition 
the government for a redress of grievances. 

203. The second amendment secures to the people 
the right to keep and bear arms ; and the third pro- 

secondand vides that no soldier shall, in time of peace, 
Amendments, be quartered in any house without the con- 
sent of the owner, and that in time of war the quar- 
tering of soldiers must be in a manner prescribed by 
law. 

204. The fourth amendment relates to the right of 
persons to be secure against unreasonable searches 

Am F e n U dm h ent. an( l seizures. It provides that no warrant 
shall be issued but upon probable cause, supported by 
oath or affirmation, and particularly describing the 
place to be searched, or the persons or things to be 
seized. 

205. The fifth and sixth amendments amend the 
third clause of Section 2, Article III of the Constitu- 

Fifthand tion, and relate to the rights of the accused 
Amendments, in criminal prosecutions, providing for the 
mode of prosecution and defense. These amendments 



OF THE UNITED STATES. 145 

have been fully discussed in Section 189, Chapter 
VIII. 

206. The seventh amendment provides that in suits 
at common law, where the value in controversy ex- 
Amendment, ceeds twenty dollars, the right of trial by 

jury shall be preserved, and that no fact tried by a 
jury shall be otherwise re-examined in a court of the 
United States, than according to the rules of common 
law. 

207. The eighth amendment provides that excessive 
bail shall not be required, nor excessive fines imposed, 

AnSdment. nor cruel and unusual punishments inflicted. 
It has been disputed by good authority as to whether 
this amendment applies to the State governments or 
is limited to the Federal government. The better 
authority, as well as the courts, have favored the lat- 
ter view. Congress and the people have also taken 
this view, as shown in the fourteenth amendment. If 
the eighth amendment applies to the States, then so 
does the fifth amendment; but the fourteenth amend- 
ment prohibits the States from doing what the fifth 
amendment prohibits. 

208. The ninth amendment provides that the enu- 
meration of certain rights in the Constitution shall 

AmSment. not be construed to deny or disparage others 
retained by the people. It was feared by some that 
because certain rights were mentioned in the Consti- 
tution, those which were not mentioned could be 
denied the people. Hence, this article was inserted 
in the Constitution. 
10 



146 CIVIL GOVERNMENT 

209. The tenth amendment declares that all pow- 
ers not delegated to the United States by the Consti- 

Amendment. tution, nor prohibited by it to the States, 
are reserved to the States or to the people. By this 
provision the Federal government possesses only such 
powers as are delegated to it by the States in the Con- 
stitution, while the States themselves possess all pow- 
ers not delegated to the Federal government or denied 
them by the Constitution. 

210. The eleventh amendment was adopted in 1798, 
and limits the bringing of suits against the States. It 

Amendment, prohibits any United States Court from en- 
tertaining a suit brought against a State by citizens 
of another State, or of a foreign State. The States 
were unwilling to be arraigned before the Federal 
Courts by individuals, hence the adoption of this 
amendment. While it relieves the dignity of the 
States, yet it weakens the power of the Federal 
Courts to do justice to its citizens. 

211. The twelfth amendment was adopted in 1804, 
and relates to the mode of election of the President 
Amendment, and Vice-President. This amendment re- 
peals and annuls the third clause of Section 1, Article 
II of the Constitution. It has been fully discussed in 
Chapter VII, §§ 151-154. 

212. The thirteenth amendment was adopted in 
1865. It declares that neither slavery nor involun- 

A T mLndme£t. tary servitude, except as a punishment for 
crime whereof the party shall have been duly convicted, 
shall exist within the United States, or any place sub- 



OF THE UNITED STATES. 147 

ject to their jurisdiction. Each of the last three 
amendments contains a section giving to Congress 
the power to enforce the provisions of the amend- 
ment by appropriate legislation. These sections are 
superfluous, as the eighteenth clause of Section 8, 
Article I of the Constitution gives Congress all the 
power conferred by the said sections. 

213. The fourteenth amendment was adopted in 
1868. It consists of five sections. The first section 
Amendment, concerns the civil rights of the freedmen. 
The thirteenth amendment declares slavery to be 
abolished, but gives no rights to the negro. The 
fourteenth amendment says that all persons born or 
naturalized in the United States, and subject to their 
jurisdiction, are citizens of the United States and of 
the State in which they reside; and that no State 
shall make any law which shall abridge the privileges 
of citizens of the United States, nor deprive any per- 
son of life, liberty or property without due process of 
law, nor deny to any person within its jurisdiction the 
equal protection of its laws. The second section pro- 
vides that when the right to vote for Federal or State 
officers is denied to male inhabitants of a State, being 
twenty-one years of age and citizens of the United 
States, except it be for participation in rebellion, or 
other crime, the representation of the State shall be 
reduced in the proportion which those not permitted 
to vote bears to the whole number of male inhabitants, 
twenty-one years of age, in the State. The third sec- 
tion prohibits those who, as Federal or State officers, 



148 CIVIL GOVERNMENT 

took the oath to support the Constitution of the 
United States, and afterwards engaged in rebellion 
against the Federal government, from holding certain 
Federal and State offices. Congress may, by a two- 
thirds vote, remove the disability. This has been 
done in the cases of almost all who engaged in the 
late rebellion. The fourth section declares the valid- 
ity of the public debt, but forbids the United States, 
or any State, to assume or pay a debt incurred in re- 
bellion, or to pay for the emancipation of slaves. 
The fifth section is the unnecessary one referred to in 
the preceding section, giving Congress the power to 
enforce the articles by appropriate legislation. 

214. The fifteenth amendment was adopted in 1870. 
It gives the negro an unqualified right to vote. Al- 
Amendment. though the States have a right to fix the 
qualifications of voters, this amendment declares that 
the ri^ht of citizens to vote shall not be denied or 
abridged on account of race, color, or previous condi- 
tion of servitude. 

REVIEW QUESTIONS. 

1. What is the introductory sentence of the Con- 
stitution called? 

2. What is said of the appropriateness of this title ? 

3. What name is suggested as being more appro- 
priate? 

4. What is the difference between a preamble and 
an enacting clause? 

5. Into how many and what parts is the preamble 
to the Constitution divided? 



OF THE UNITED STATES. 149 

6. Repeat the preamble. 

7. What provision is made in the Constitution 
concerning the acts, records and judicial proceedings 
of the States ? 

8. What is said of the privileges of citizens ? 

9. How may a fugitive from justice who has es- 
caped into another State be recaptured ? 

10. Why is it necessary for the Governor of one 
State to make requisition upon the Governor of the 
other ? 

11. What is said of the obligation of the Governor 
to comply with the request in the requisition ? 

12. What is meant by extradition ? 

13. What is said of the admission of new States 
into the Union ? 

14. In how many and what ways may new States 
be admitted ? 

15. What is said of the number of inhabitants that 
a Territory should possess before being admitted as a 
State ? 

16. What power has Congress over the territory of 
the United States ? 

17. How are organized Territories governed? 

18. What officers and departments of government 
have organized Territories, and how are its officers 
elected or appointed ? 

19. What important political rights are denied to 
citizens of Territories ? 

20. What kind of government does the United 
States guarantee to each State ? 



150 CIVIL GOVEKNMENT 

21. Why is the Federal government under obliga- 
tion to protect and defend the States? 

22. What is the supreme law of the land ? 

23. What is said of State laws and Constitutions 
that conflict with this law? 

24. What officers must take an oath to support the 
Constitution of the United States? 

25. What is said of a religious qualification for 
office? 

26. How may amendments to the Constitution be 
proposed? How ratified? 

27. What portion of the Constitution may be 
amended? 

28. How many amendments have been made? 

29. How have they been proposed and ratified ? , 

30. When were the first ten amendments adopted ? 

31. By what name are they known ? Why ? 

32. Why were they adopted ? 

33. What is said of their relation to the State Bill 
of Eights embodied in the Constitution of each of 
the States? 

34. What is said of the last five amendments? 

35. What are the provisions of the first amend- 
ment? 

36. What right does the second amendment give 
the people ? 

37. Give the provisions of the third amendment. 

38. For what does the fourth amendment provide? 

39. What part of the Constitution do the fifth and 
sixth amendments amend? 



OF THE UNITED STATES. 151 

40. What provisions do they make? 

41. When may a person demand a jury in the trial 
of a civil cause ? 

42. How may a fact tried by a jury be re-examined 
in a court of the United States? 

43. What does the eighth amendment say of bail, 
tines and punishment? 

44. What point has been disputed in regard to this 
amendment? 

45. Which is the better view? Why? 

46. What is meant by the ninth amendment? 

47. To whom do all powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the. States, belong? 

48. When was the eleventh amendment adopted ? 

49. What does it prohibit ? 

50. Why was this amendment adopted ? 

51. What objection has been urged against it? 

52. When was the twelfth amendment adopted ? 

53. What part of the Constitution does this amend- 
ment repeal ? 

54. To what does it relate ? 

55. When was the thirteenth amendment adopted ? 

56. What does it declare concerning slavery ? 

57. What is said of the section in each of the last 
three amendments giving to Congress the power to 
enforce the provisions of the amendments by appro- 
priate legislation ? 

58. What part of the Constitution invests Congress 
with the power given by these sections ? 



152 CIVIL GOVERNMENT 

59. When was the fourteenth amendment adopted ? 

60. What does this amendment say concerning civil 
rights ? 

61. What is the penalty upon a State in which citi- 
zens are denied the right to vote ? 

62. What is said of those who take oath to support 
the Constitution and afterward engage in rebellion ? 

63. How and by whom may this disability be re- 
moved ? 

64. What prohibition is made concerning debts in- 
curred in rebellion or by the emancipation of slaves ? 

65. When was the fifteenth amendment adopted ? 

66. Give its provisions. 



CHAPTER X. 

RELATION OF THE STATES TO THE FEDERAL GOVERNMENT. 

215. Our government is very peculiar. It has been 
called an anomaly in the history of nations. Foreign- 
Pecuiiarity ers fail to comprehend it, and it is little un- 
Government. derstood by a majority of our own citizens. 
It has no prototype in any other government, either 
of the present or past. It is an original institution in 
the sphere of political science, and stands alone and 
unrivaled as an imperishable monument to the mem- 



OF THE UNITED STATES. 153 

ory of our forefathers who, with such prophetic fore- 
sight, laid the foundations of the grandest govern- 
ment on the face of the earth. 

216. As has been said in the first part of this book, 
the source of all government is in the people, and 

Author^ /, the government derives its authority only 
through the express or tacit consent of the governed. 
The separate States derive their authority directly 
from the people, while the Federal government de- 
rives its authority from the States. The people have 
delegated all the powers of government directly to the 
States, and the States have deprived themselves of a 
portion of this authority and vested it in the Federal 
government. 

217. The relation of the States to the Federal gov- 
ernment is further shown by the functions of each. 

Functions of The functions of the Federal government are 

State and ° 

Governments, confined to matterswhich concern the na- 
tion as a whole, while the functions of the State gov- 
ernments pertain to local interests alone. The Fed- 
eral government possesses all functions growing out 
of international relations. The States are unknown 
to foreign nations, who recognize only the Federal 
government in their relations and dealings with our 
government. War and peace, commerce and naviga- 
tion, the coining of money, the control of the postal 
system, and everything of a national character are 
exclusively in the hands of the Federal government, 
while the States control matters concerning personal 
rights, the safety and happiness of individuals, public 



154 CIVIL GOVERNMENT 

education, public health, public morals, the punish- 
ment of crime, and care of local industries and inter- 
ests. Upon the maintenance of this division of func- 
tions between the Federal and State governments de- 
pends the existence of our government, and this sep- 
aration should be jealously observed and guarded by 
both State and Federal governments. 

218. The Federal government alone is sovereign ; 

the States are not. While it has derived all of its 

supremacy of power from the States, and owes its existence 

the Federal x . , 

Government, to their suffrage, yet that power is of such a 
nature as to subordinate the States to its authority 
and establish its supremacy over them. The Federal 
government must be supreme, or it is nothing. The 
Constitution declares this supremacy emphatically, 
and the Constitution is the expression of the will of 
the whole people. The will of the whole people is 
higher than the will of any local body of law-makers. 
There need be no conflict between the Federal and 
State governments ; but if there should be, the su- 
preme obligation of every citizen is with the Federal 
government. An alien in being naturalized takes an 
oath of allegiance to the United States, not to a State. 
The native-born citizen certainly bears the same rela- 
tion to his government. To renounce allegiance to 
the Federal government is treason ; but to renounce 
allegiance to a State is not treason ; there can be no 
such thing as treason against a State, because it is not 
a sovereignty. Secession is treason, for no State can 
secede from the Union without disavowing allegiance 



OF THE UNITED STATES. 155 

to the Federal government. There is nowhere in the 
Constitution any provision for the peaceable dissolu- 
tion of the Union; and, therefore, it can'never be con- 
summated except by violence, if at all. 

219. As the States have surrendered their sov- 
ereignty to the Federal government, and thus de- 
protSion. prived themselves of the right to declare 
and wage war, it is the duty of the Federal govern- 
ment to maintain the authority of the State govern- 
ments, and to protect and defend them in their polit- 
ical and civil rights whenever the local authority is 
powerless to do so for itself. The Constitution makes 
it obligatory upon the United States to guarantee to 
each State a republican form of government, and to 
protect it from invasion and insurrection. Whenever 
a State becomes powerless to maintain its authority, 
the legislature, or, if it be not in session, the Governor, 
may apply to the Federal government for aid. If 
Congress should not be in session, the President must 
judge of the emergency, and furnish the State what- 
ever assistance may be necessary. On several occa- 
casions the Federal government has been called upon 
to protect the States. This duty of the national ex- 
ecutive is one of great delicacy, as the States are very 
jealous of national interference in their local affairs, 
and it "should be exercised with great care and fore- 
thought. The Federal government should not inter- 
fere in every little political quarrel in a State, but the 
people of the State should be left to settle their own 
disputes so long as the • State government is able to 



156 CIVIL GOVERNMENT 

assert itself. But whenever the State authority is ex- 
hausted, and demands national aid, the duty of the 
Federal government is unquestionable. The safety 
of the Republic demands the maintenance of the re- 
publicanism of each State. 

220. Oar government is neither a simple republic 
nor a league of States. Were it a simple republic, 

E uiu r m.° 8 there would be no States ; were it a league 
•of States, there would be no Federal authority. The 
United States is unquestionably a single nation under 
one sovereign government, yet it recognizes the exist- 
ence of the States and their separate Constitutions and 
State governments. It is one government composed 
of many. The individual States have their own Con- 
stitutions and local governments, and to a certain ex- 
tent are independent of each other, yet they are all 
subordinated to the Federal Constitution and govern- 
ment, and thus constitute one sovereign state. 

221. It is sometimes asserted that a State bears the 
same relation to the Nation that a county does to a 

Relation of State, but this is not true. A State has auc- 
tion notice thority to do anything politically not denied 
state, it by the Federal Constitution or laws, while 
a county can do nothing which it is not authorized by 
the State to do. The people of a State have a consti- 
tution, but a county has none, neither has it any au- 
thority to form one. Were our government a simple 
republic, we should have but one Constitution, and no 
laws except those enacted by Congress. In that case 
a State would bear the same relation to the Nation 
that a county does to a State. 



OF THE UNITED STATES. 157 

222. No other government has such a distribution 
of powers as the United States. The Federal govern- 

one Govern- ment and the State governments taken to- 
m spheres7° gether constitute the government of the 
United States. The Federal Constitution and State 
constitutions taken together form one great instru- 
ment which is the Constitution of the United States. 
It is one government exercising its functions in two 
spheres, the Federal Constitution and government 
controlling affairs of national import and general in- 
terest to the whole people, and the State constitutions 
arid governments controlling matters of local interest 
affecting particular localities. 

223. It might be said that the people of each State 
have two constitutions, one local, and the other gen- 
consStions. eral. The general, or Federal Constitution, 
they have adopted in conjunction with the people of 
all the other States ; the local, or State constitution 
they have adopted themselves alone, taking care that 
its provisions are in accordance with the Federal Con- 
stitution. The Federal Constitution might be said to 
be a part of each State constitution, thus forming one 
State constitution. Each State must ratify and adopt 
the Federal Constitution, and see that their own con- 
stitution does not conflict with its provisions. 

224. While both Federal and State governments 
are essential to the well-being and prosperity of the 
state Govern- individual, yet the State government more 

Direct than directly affects his individual affairs. As a 

Federal Gov- ^ 

emment. c j t i ze n of the United States he is interested 
in the general welfare of the whole land, in the pol- 



158 CIVIL GOVERNMENT 

icy of the government, the currency, banking oper- 
ations, postal facilities, etc. As a citizen of a State 
he is interested in things immediately near him, the 
choice of local officers, their honesty and qualifica- 
tions, the protection of himself, his family and prop- 
erty, the construction of bridges and roads, etc. 

225. A Territory is a part of the public domain of 
the United States, but it is not "in the Union" in the 
Relation of the sense in which a State is. It has no local 

Territories to 

G^vefnment. republican form of government. Its people 
have no power to govern themselves except as given 
them by the Federal government. They do not par- 
ticipate in any sense in the Federal government, or 
the election of Federal officers, except that their del- 
egates in Congress have a right to debate questions 
touching their affairs, and thus endeavor to shape leg- 
islation in their interests, although they have no vote. 
With the exception of the members of the Legisla- 
ture, they do not elect their own officers. Their ex- 
ecutive and judicial officers are appointed by the Fed- 
eral government, and Congress has authority to legis- 
late exclusively for them if she so desires. The rela- 
tion of a Territory to the Federal government is much 
like that of one of the colonies to England prior to 
1776. 

226. We now conclude the discussion of our Fed- 
eral government. We have seen that it is not only 

Perpetuity the most wonderful, but it is the most srlori- 

of our 7 ° 

Government. ous government in the history of the world. 
Never was there a government that so nearly met the 



OF THE UNITED STATES. 159 

wants of the people that it governed, or offered so 
many advantages for the advancement and enlighten- 
ment of its citizens. Never was there one to which 
its citizens were so devoted and patriotic. While it 
is the only government of its kind that ever existed, 
this country is the only country in the history of na- 
tions in which such a government* was possible. 
Where on the face of the earth could another such 
government exist to-day ? Where in the past was it 
possible for such a government to exist ? Will there 
ever be another people in the future suited to just 
such a government? Our government is not only an 
anomaly in the history of governments, but it will ever 
remain so ; for it is not probable that another state 
will ever exist with such a citizenship as ours, and 
such domestic relations, resources and facilities. The 
most vital question concerning our government is its 
perpetuity. Is it possible for internal commotion or 
foreign power to destroy it? Has it existed long 
enough to fully demonstrate its fitness to meet the 
exigencies of all times, or is it yet a mere experiment 
in political science ? For answer we glance back at 
the crises through which it has passed during the past 
century, and find that it has not only passed through 
them unscathed, but it has come forth strengthened 
in every instance. The failure of the last great argu- 
ment against the Union has forever settled the ques- 
tion of disunion ; and now, after a quarter of a cen- 
tury of unparalleled prosperity, we find our govern- 
ment established upon a foundation as enduring as 



160 CIVIL GOVERNMENT 

time. Never again can sectional strife menace its 
existence. Nothing but indifference or apathy on 
the part of its citizens can ever lead to its downfall. 
So long as American citizens maintain the political 
enthusiasm of the present, so long as the division of 
the functions of government is as jealously guarded 
as now, so long as the Federal government confines 
its authority to the general interests of the people, 
and local affairs are left to the management of the 
States, so long will the American government exist 
as a beacon light to the nations of the world, pro- 
claiming liberty throughout all time. 

REVIEW QUESTIONS. 

1. What is said of the peculiarities of our govern- 
ment ? 

2. What is said of its originality ? 

3. Where is the source of all government? 

4. Where do the States derive their authority ? 

5. From what source does the Federal govern- 
ment derive its authority ? 

6. To what are the functions of the Federal gov- 
ernment confined ? 

7. To what do the functions of the State govern- 
ments pertain ? 

8. Name some of the functions of the Federal gov- 
ernment. Of the State governments. 

9. Why are the States unknown to foreign nations ? 
10. What is said of the sovereignty of the Federal 

government? Of the States? 



OF THE UNITED STATES. 161 

11. Why is this necessary ? 

12. Which is the higher, the 'will of the whole peo- 
ple, or of a few? Why? 

13. In case of a conflict between Federal and State 
governments, to which does the citizen owe allegi- 
ance ? Why ? 

14. What is said of treason in this connection ? 

15. Why is secession treason ? 

16. How, if at all, must the dissolution of the 
Union take place ? 

17. What is the duty of the Federal government 
in protecting the States ? Why ? 

18. What does the United States guarantee to each 
State? 

19. How may the States call upon the Federal gov- 
ernment for aid? 

20. How may the Federal government respond to 
the appeal? 

21. What is said of the exercise of this authority 
of the National executive ? 

22. Why is it so important to maintain a republi- 
can form of government in each State? 

23. Why is our government neither a simple repub- 
lic nor a league of States ? 

24. In what respect is it one government composed 
of many ? 

25. In what respects does the relation of a State to 
the Federal government differ from the relation of a 
county to a State ? 

11 



162 CIVIL GOV.EKNMENT 

26. Under what circumstances would the relation 
be the same ? 

27. What constitutes the government of the United 
States ? The Constitution of the United States ? 

28. In what respects is our government one gov- 
ernment in two spheres ? 

29. How have the people of each State two consti- 
tutions? 

30. In what respect might they be said to have but 
one constitution ? 

31. What is the duty of each State in adopting a 
constitution ? 

32. Which is the more directly connected with the 
people, the Federal or State government? Why? 

33. As a citizen of the United States, in what is 
the individual interested? As a citizen of a State? 

34. In what sense is a Territory not "in the Union"? 

35. What is said of its local government? 

36. Where does the Territorial government derive 
its authority ? 

37. What is said of the people of a Territory par- 
ticipating in the management of the Federal govern- 
ment, or the election of Federal officers? 

38. Which of their own officers do they elect ? 

39. How are their other officers chosen ? 

40. What is said of the power of Congress to leg- 
islate for them ? 

41. What is said of the relation of a Territory to 
the Federal government ? 

42. Why is our government such an excellent one? 



OF THE UNITED STATES. 163 

43. Why has our government no prototype in his- 
tory ? 

44. What is said of the probability of its ever be- 
ing a prototype to any other government? 

45. What is the most vital question concerning our 
government ? 

46. What are the probabilities of the perpetuity of 
our government? Why? 

47. What is said of the power of sectional strife to 
menace its existence? 

48. What, if anything, will lead to its final down- 
fall? 

49. How may this be prevented ? 



THE DECLARATION OF INDEPENDENCE. 

In Congress, July 4, 1776. 

The unanimous Declaration of the thirteen United 
States of America. 



When in the Course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them 
with another, and to assume among the Powers of the earth, the sep- 
arate and equal station to which the Laws of Nature and of Nature's 
God entitle them, a decent respect to the opinions of mankind re- 
quires that they should declare the causes which impel them to the 
separation. 

We hold these truths to ba self-evident, that all men are created 
equal, that they are endowed by their Creator with certain unalien- 
able Rights, that among these % are Life, Liberty and the Pursuit of 
Happiness. That to secure these rights, Governments are instituted 
among Men, deriving their just powers from the consent of the gov- 
erned. That whenever any Form of Government becomes destruc- 
tive of these ends, it is the Right of the People to alter or to abolish 
it, and to institute new Government, laying its foundation on guch 
principles and organizing its Powers in such form, as to them shall 
seem most likely to effect their Safety aud Happiness. Prudence, 
indeed, will dictate that governments long established should not be 
changed for light and transient causes; and accordingly all expe- 
rience hath shown, that mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train of abuses and 
usurpations, pursuing invariably the same Object, evinces a design 
to reduce them under absolute Despotism, it is their right, it is their 
duty, to throw off such Government, and to provide new Guards for 
their future security. — Such has been the patient sufferance of these 

(164) 



OF THE UNITED STATES. 165 

Colonies ; and such is now the necessity which constrains them to 
alter their former Systems of Government. The history of the pres- 
ent King of Great Britain is a history of repeated injuries and usurp- 
ations, all having in direct object the establishment of an absolute 
Tyranny over these States. To prove this, let Facts be submitted to 
a candid world. 

He has refused his Assent to Laws, the most wholesome and neces- 
sary for the public good. 

He has forbidden his Governors to pass Laws of immediate and 
pressing importance, unless suspended in their operation till his 
Assent should be obtained ; and when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other Laws for the accommodation of large 
districts of people, unless those people would relinquish the right of 
Representation in the Legislature, a right inestimable to them and 
formidable to tyrants only. 

He has called together legislative bodies at places unusual, un- 
comfortable, and distant from the depository of their Public Records, 
for the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the people. 

He has refused for a long time, after such dissolutions,, lo cause 
others to be elected; whereby the Legislative Powers, incapable of 
Annihilation, have returned to the People at large for their exercise; 
the State remaining in the meantime exposed to all the dangers of 
invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States; for 
that purpose obstructing the Laws for Naturalization of Foreigners; 
refusing to pass others to encourage their migration hither, and 
raising the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by refusing his 
Assent to Laws for establishing Judiciary Powers. 

He has made judges dependent on his Will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of New Offices, and sent hither swarms 
of Officers to harass our People, and eat out their substance. 



166 CI.VIL GOVERNMENT 

He: has kept among us, in times of peace, Standing Armies without 
the Consent of our legislature. 

He has affected to render the Military independent of and superior 
to the Civil Power. 

He has combined with others to subject us to a jurisdiction foreign 
to our constitution, and unacknowleged by our Laws ; giving his 
Assent to their Acts of pretended Legislation : 

For quartering large bodies of armed men among us : 

For protecting them, by a mock Trial, from Punishment for any 
Murders which they should commit on the Inhabitants of these 
States : 

For cutting off our Trade with all parts of the world : 

For imposing taxes on us without our Consent : 

For depriving us in many cases, of the benefits of Trial by Jury : 

For transporting us beyond Seas to be tried for pretended offences : 

For abolishing the free System of English Laws in a neighboring 
Province, establishing therein an Arbitrary government, and enlarg- 
ing its Boundaries so as to render it at once an example and fit in- 
strument for introducing the same absolute rule into these Colonies : 

For taking away our Charters, abolishing our most valuable Laws, 
and altering fundamentally the Forms of our Governments : 

For suspending our own Legislatures, and declaring themselves 
invested with Power to legislate for us in all cases whatsoever. 

He has abdicated Government here, by declaring us out of his Pro- 
tection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt our towns, 
and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaries 
to complete the works of death, desolation and tyranny, already be- 
gun with circumstances of Cruelty, & perfidy scarcely paralleled in 
the most barbarous ages, and totally unworthy the Head of a civil- 
ized nation. 

He has constrained our fellow Citizens taken Captive on the high 
Seas to bear arms against their Country, to become the executioners 
of their friends and Brethren, or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, and has endeav- 
ored to bring on the inhabitants of our frontiers, the merciless In- 



OF THE UNITED STATES. 167 

dian Savages, whose known rule of warfare, is an undistinguished 
destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned for Ke- 
dress in the most humble terms : Our repeated Petitions have been 
answered only by repeated injury. A Prince, whose character is 
thus marked by every act which may define a Tyrant, is unfit to be 
the ruler of a free People. 

Nor have we been wanting in attention to our British brethren. 
We have warned them from time to time of attempts by their legis- 
lature to extend an unwarrantable jurisdiction over us. We have re- 
minded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity, 
and we have conjured them by the ties of our common kindred to 
disavow these usurpations, which would inevitably interrupt our 
connections and correspondence. They too have been deaf to the 
voice of justice and of consanguinity. We must, therefore, acquiesce 
in the necessity which denounces our Separation, and hold them, as 
we hold the rest of mankind, Enemies in War, in Peace Friends. 

We, therefore, the Kepresentatives of the united States of America, 
in General Congress, Assembled, appealing to the Supreme Judge of 
the world for the rectitude of our intentions, do, in the Name, and by 
Authority of the good People of these Colonies, solemnly publish and 
declare, That these United Colonies are, and of Eight ought to be 
Free and Independent States ; that they are Absolved from all Alle- 
giance to the British Crown, and that all political connection be- 
tween them and the State of Great Britain, is and ought to be totally 
dissolved : and that as Free and Independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, establish 
Commerce, and do all other Acts and Things which Independent 
States may of right do. And for the support of this Declaration, 
with a firm reliance on the Protection of Divine Providence, we mu- 
tually pledge to each other our Lives, our Fortunes, and our sacred 
Honor. 

The foregoing declaration was, by order of Congress, engrossed, and 
signed by the following members : 



168 



CIVIL GOVERNMENT 



JOHN HANCOCK. 

New Hampshire. 

Josiah Bartlett, William Whipple,, 

Matthew Thornton. 



Massachusetts Bay. 
Samuel Adams, 
John Adams, 
Eobert Treat Paine, 
Elbridge Gerry. 

Rhode Island. 
Stephen Hopkins, 
William Ellery. 

Connecticut. 
Koger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New York. 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

New Jersey. 
Eichard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 

Pennsylvania. 
Kobert Morris, 
Benjamin Kush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Eoss. 



Delaware. 
Caesar Eodney, 
George Eead, 
Thomas M'Kean. 

Maryland. 
Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll, of 
Carrollton. 

Virginia. 
George Wythe, 
Eichard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr., 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
John Penn. 

South Carolina. „ 
Edward Eutledge, 
Thomas Hey ward, Jr.,, 
Thomas Lynch, Jr., 
Arthur Middleton. 

Georgia. 
Button Gwinnett, 
Lyman Hall, 
George Walton. 



ARTICLES OF CONFEDERATION. 



To all to whom these Presents shall come, we the undersigned Delegates of the 

States affixed to our Names, send greeting : 
Whereas the Delegates of the United States of America in Congress 
assembled did on the fifteenth day of November in the Year of our 
Lord One Thousand Seven Hundred and Seventy-seven, and in the 
Second Year of the Independence of America, agree to certain Arti- 
cles of Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay, Rhode Island and Providence 
Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolina 
and Georgia in the words following, viz. : 
Articles of Confederation and Perpetual Union hetween the States of New 
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina and Georgia. 
Article I. The style of this Confederacy shall be " The United 
States of America." 

Article II. Each State retains its sovereignty, freedom and inde- 
pendence, and every power, jurisdiction and right, which is not by 
Confederation expressly delegated to the United States, in Congress 
assembled. 

Article III. The said States hereby severally enter into a firm 
league of friendship with each other, for their common defence, the 
security of their liberties, and their mutual and general welfare, bind- 
ing themselves to assist each other, against all force offered to, or at- 
tacks made upon them, or any of them, on account of religion, sover- 
eignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different States in this 
Union, the free inhabitants of each of these States, paupers, vaga- 
bonds and fugitives from justice excepted, shall be entitled to all 
privileges and immunities of free citizens in the several States ; and 

(169) 



170 CIVIL GOVERNMENT 

the people of each State shall have free ingress and regress to and 
from any other State, and shall enjoy therein all the privileges of 
trade and commerce, subject to the same duties, impositions and re- 
strictions as the inhabitants thereof respectively, provided that such 
restrictions shall not extend so far as to prevent the removal of prop- 
erty imported into any State, to any other State of which the owner 
is an inhabitant; provided also that no imposition, duties or restric- 
tion shall be laid by any State on the property of the United States, 
or either of them. 

If any person guilty of, or charged with treason, felony, or other 
high misdemeanor in any State, shall flee from justice, and be found 
in any of the United States, he shall upon demand of the Governor 
or Executive power, of the State from which he fled, be delivered up 
and removed to the State having jurisdiction of his offence. 

Full faith and credit shall be given in each of these States to the 
records, acts and judicial proceedings of the courts and magistrates 
of every other State. 

Article V. For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed 
in such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November, in every year, with a 
power reserved to each State, to recall its delegates, or any of them, 
at any time within the year, and to send others in their stead, for the 
remainder of the year. 

No State shall be represented in Congress by less than two, nor by 
more than seven members ; and no person shall be capable of being 
a delegate for more than three years in any term of six years ; nor 
shall any person, being a delegate, be capable of holding any office 
under the United States, for which he, or another for his benefit re- 
ceives any salary, fees or emolument of any kind. 

Each State shall maintain its own delegates in a meeting of the 
States, and while they act as members of the committee of the States. 

Tn determining questions in the United States, in Congress assem- 
bled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached 
or questioned in any court, or place out of Congress, and the mem- 
bers of Congress shall be protected in their persons from arrests and 



OF THE UNITED STATES. 171 

imprisonments, during the time of their going to and from, and at- 
tendance on Congress, except for treason, felony, or breach of the 
peace. 

Article VI. No State without the consent of the United States in 
Congress assembled, shall send any embassy to, or receive any em- 
bassy from, or enter «into any conference, agreement, alliance or 
treaty with any king, prince or state ; nor shall any person holding 
any office of profit or trust under the United States, or any of them, 
accept of any present, emolument, office or title of any kind whatever 
from any king, prince or foreign state; nor shall the United States in 
Congress assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation or 
alliance whatever between them, without the consent of the United 
States in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties, which may interfere with 
any stipulations in treaties, entered into by the United States in 
Congress assembled, with any king, prince or State, in pursuance of 
any treaties already proposed by Congress, to the Courts of France 
and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only, as shall be deemed necessary by the United 
States in Congress assembled, for the defence of such State, or its 
trade; nor shall any body of forces be kept up by any State, in time 
of peace, except such number only, as in the judgment of the United 
States in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defence of such State; but every State 
shall always keep up a well regulated and disciplined militia, suffi- 
ciently armed and accoutered, and shall provide and constantly have 
ready for use, in public stores, a due number of field pieces and tents, 
and a proper quantity of arms, ammunition and camp equipage. 

No State shall engage in any war without the consent of the United 
States in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution be- 
ing formed by some nation of Indians to invade such State, and the 
danger is so imminent as not to admit of a delay, till the United States 
in Congress assembled can be consulted: nor shall any State grant 



172 CIVIL GOVERNMENT 

commissions to any ships or vessels of war, nor letters of marque or 
reprisal, except it be after a declaration of war by the United 
States in Congress assembled, and then only against the kingdom 
or state and the subjects thereof, against which war has been so 
declared, and under such regulations as shall be established by the 
United States in Congress assembled, unless |uch State be infested by 
pirates, in which case vessels of war may be fitted out for that occa- 
sion, and kept so long as the danger shall continue, or until the 
United States in Congress assembled shall determine otherwise. 

Article VII. When land-forces are raised by any State for the 
common defence, all officers of or under the rank of colonel, shall be 
appointed by the Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such State shall direct, 
and all vacancies shall be filled up by the State which first made the 
appointment. 

Article VIII. All charges of war, and all other expenses that 
shall be incurred for the common defence or general welfare, and 
allowed by the United States in Congress assembled, shall be defrayed 
out of a common treasury, which shall be supplied by the several 
States, in proportion to the value of all land within each State, 
granted to or surveyed for any person, as such land and the build- 
ings and improvements thereon shall be estimated according to such 
mode as the United States in Congress assembled, shall from time to 
time direct and appoint. 

The taxes for paying that proportion shall be laid out and levied 
by the authority and direction of the Legislatures of the several States 
within the time agreed upon by the United States in Congress assem- 
bled. 

Article IX. The United States in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth article — of sending 
and receiving ambassadors — entering into treaties and alliances, pro- 
vided that no treaty of commerce shall be made whereby the legisla- 
tive power of the respective States shall be restrained from imposing 
such imposts and duties on foreigners, as their own people are sub- 
jected to, or from prohibiting the exportation or importation of any 
species of goods or commodities whatsoever — of establishing rules for 



OF THE UNITED STATES. 173 

deciding in all cases, what captures on land or water shall be legal, 
and in what manner prizes taken by land or naval forces in the ser- 
vice of the United States shall be divided or appropriated — of grant- 
ing letters of marque and reprisal in times of peace — appointing 
courts for the trial of piracies and felonies committed on the high 
seas and establishing courts for receiving and determining finally 
appeals in all cases of captures, provided that no member of Congress 
shall be appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the last re- 
sort on appeal in all disputes and differences now subsisting or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction or any other cause whatever; which authority shall 
always be exercised in the manner following: Whenever the legis- 
lative or executive authority or lawful agent of any State in con- 
troversy with another shall present a petition to Congress, stating 
the matter in question and praying for a hearing, notice thereof 
shall be given by order of Congress to the legislative or executive 
authority of the other State in controversy, and a day assigned for 
the appearance of the parties by their lawful agents, who shall then 
be directed to appoint by joint consent, commissioners or judges to 
constitute a court for hearing and determining the matter in ques- 
tion : but if they can not agree, Congress shall name three persons 
out of each of the United States, and from the list of such persons 
each party shall alternately strike out one, the petitioners beginning, 
until the number shall be reduced to thirteen; and from that num- 
ber not less than seven, nor more than nine names as Congress shall 
direct, shall in the presence of Congress be drawn out by lot, and the 
persons whose names shall be so drawn, or any five of them, shall be 
commissioners or judges, to hear and finally determine the contro- 
versy, so always as a major part of the judges who shall hear the 
cause shall agree in the determination : and if either party shall 
neglect to attend at the day appointed, without showing reasons, 
which Congress shall judge sufficient, or being present shall refuse to 
strike, the Congress shall proceed to nominate three persons out of 
each State, and the Secretary of Congress shall strike in behalf of 
such party absent or refusing ; and the judgment and sentence of the 
court to be appointed, in the manner before prescribed, shall be final 
and conclusive ; and if any of the parties shall refuse to submit to 



174 CIVIL GOVERNMENT 

the authority of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce sentence or 
judgment, which shall in like manner be final and decisive, the 
judgment or sentence and other proceedings being in either case 
transmitted to Congress, and lodged among the acts of Congress for 
the security of the parties concerned: provided that every commis- 
sioner, before he sits in judgment, shall take an oath to be adminis- 
tered by one of the judges of the supreme or superior court of the 
State where the cause shall be tried, " well and truly to hear and de- 
termine the matter in question, according to the best of his judg- 
ment, without favour, affection or hope of reward,: " provided also 
that no State shall be deprived of territory for the benefit of the 
United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdiction as they may 
respect such lands, and the States which passed such grants are ad- 
justed, the said grants or either of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdic- 
tion, shall, on the petition of either party to the Congress of the United 
States, be finally determined as near as may be in the same manner 
as is before prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

The United States in Congress assembled shall also have the sole and 
exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States — 
fixing the standard of weights and measures throughout the United 
States — regulating the trade and managing all affairs with the In- 
dians, not members of any of the States, provided that the legislative 
right of any State within its own limits be not infringed or violated — 
establishing and regulating post-offices from one State to another,* 
throughout all the United States, and exacting such postage on the 
papers passing thro' the same as may be requisite to defray the ex- 
penses of the said office — appointing all officers of the land forces, in 
the service of the United States, excepting regimental officers — ap- 
pointing all the officers of the naval forces, and commissioning all 
officers whatever in the service of the United States — making rules for 
the government and regulation of the said land and naval forces, and 
directing their operations. 



OF THE UNITED STATES. 175 

The United States in Congress assembled shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denom- 
inated " a Committee of the States," and to consist of one delegate 
from each State; and to appoint such other committees and civil 
officers as may be necessary for managing the general affairs of the 
United States under their direction — to appoint one of their number 
to preside, provided that no person be allowed to serve in the office 
of president more than one year in any term of three years ; to ascer- 
tain the necessary sums of money to be raised for the service of the 
United States, and to appropriate and apply the same for defraying 
the public expenses — to borrow money, or emit bills on the credit of 
the United States, transmitting every half year to the respective 
States an account of the sums of money so borrowed or emitted — to 
build and equip a navy — to agree upon the number of land forces, 
and to make requisitions from each State for its quota, in proportion 
to the number of white inhabitants in each State ; which requisition 
shall be binding, and thereupon the Legislature of each State shall 
appoint the regimental officers, raise the men and clothe, arm and 
equip them in a soldier-like manner, at the expense of the United 
States ; and the officers and men so clothed, armed and equipped 
shall march to the place appointed, and within the time agreed on 
by the United States in Congress assembled ; but if the United States 
in Congress assembled shall, on consideration of circumstances judge 
proper that any State should not raise men, or should raise a smaller 
number than its quota, and that any other State should raise a greater 
number of men than the quota thereof, such extra number shall be 
raised, officered, clothed, armed and equipped in the same manner as 
the quota of such State, unless the legislature of such State shall judge 
that such extra number can not be safely spared out of the same, in 
which case they shall raise, officer, clothe, arm and equip as many of 
such extra number as they judge can be safely spared. And the of- 
ficers and men so clothed, armed and equipped, shall march to the 
place appointed, and within the time agreed on by the United States 
in Congress assembled. 

The United States in Congress assembled shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 



176 CIVIL GOVERNMENT 

defence and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor ap- 
propriate money, nor agree upon the number of vessels of war, to be 
built or purchased, or the number of land or sea forces to be raised, 
nor appoint a commander in chief of the army or navy, unless nine 
States assent to the same: nor shall a question on any other point, 
except for adjourning from day to day be determined, unless by the 
votes of a majority of the United States in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, 
so that no period of adjournment be for a longer duration than the 
space of six months, and shall publish the journal of their proceed- 
ings monthly, except such parts thereof relating to treaties, alliances 
or military operations, as in their judgment require secrecy; and the 
yeas and nays of the delegates of each State on any question shall be 
entered on the journal, when it is desired by any delegate ; and the 
delegates of a State, or any of them, at his or their request shall be 
furnished with a transcript of the said journal, except such parts as 
are above excepted, to lay before the Legislatures of the several 
States. 

Article X. The committee of the States, or any nine of them, 
shall be authorized to execute, in the recess of Congress, such of the 
powers of Congress as the United States in Congress assembled, by 
the consent of nine States, shall from time to time think expedient 
to vest them with; provided that no power be delegated to the said 
committee, for the exercise of which, by the articles of confederation, 
the voice of nine States in the Congress of the United States assem- 
bled is requisite. 

Article XI. Canada acceding to this confederation, and joining 
in the measures of the United States, shall be admitted into, and en- 
titled to all the advantages of this union : but no other colony 
shall be admitted into the same, unless such admission be agreed to 
by nine States. 

Article XII. All bills of credit emitted, monies borrowed and 
debts contracted by, or under the authority of Congress, before the 
assembling of the United States, in pursuance of the present confed- 
eration, shall be deemed and considered as a charge against the 



OF THE UNITED STATES. 177 

United States, for payment and satisfaction whereof the United 
States, and the public faith are hereby solemnly pledged. 

Article XIII. Every State shall abide by the determinations of 
the United States in Congress assembled, on all questions which by 
this confederation are submitted to them. And the articles of this 
confederation shall be inviolably observed by every State, and the 
Union shall be perpetual ; nor shall any alteration at any time here- 
after be made in any of them ; unless such alteration be agreed to in 
a Congress of the United States, and be afterwards confirmed by the 
Legislatures of every State. 

And whereas it has pleased the Great Governor of the world to in- 
cline the hearts of the Legislature we respectively represent in Con- 
gress, to approve of, and to authorize us to ratify the said articles of 
confederation and perpetual union. Know ye that we the under- 
signed delegates, by virtue of the power and authority to us given 
for that purpose, do by these presents, in the name and in behalf of 
our respective constituents, fully and entirely ratify and confirm 
each and every of the said articles of confederation and perpetual 
union, and all and singular the matters and things therein con- 
tained : and we do further solemnly plight and engage the faith of 
our respective constituents, that they shall abide by the determina- 
tions of the United States in Congress assembled, on all questions, 
which by the said confederation are submitted to them. And that 
the articles thereof shall be inviolably observed by the States we 
respectively represent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in Congress. 
Done at Philadelphia in the State of Pennsylvania the ninth day 
of July in the year of our Lord one thousand seven hundred and 
seventy-eight, and in the third year of the independence of Amer- 
ica. 

On the part and behalf of the state of New Hampshire. 
Josiah Bartlett, John Wentworth, Jun., 

August 8, 1778. 
On the part and behalf of the state of Massachusetts Bay. 
John Hancock, Francis Dana, 

Samuel Adams. ' James Lovell, 

Elbridge Gerry, Samuel Holten. 

12 



478 ■ CIVIL GOVEENMENT 

On the part and behalf of the state of Rhode Island and Providence 
Plantations. 
William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the state of Connecticut. 
Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew A.dams. 

Oliver Wolcott, 

On the part and behalf of the state of New- York. 
Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and behalf of the state of New- Jersey. 
Jno. Witherspoon, Nath. Scudder, 

Nov. 26, 1778. 

On the part and behalf of the state of Pennsylvania. 
Robt. Morrts, William Cling an, 

Daniel Roberdeau, Joseph Reed, 

Jona. Bayard Smith, 22d July, 1778. 

On the part and behalf of the state of Delaware. 
Tho. M'Kean, Feb. 13, 1779, Nicholas VanDyke. 
John Dickinson, May 5th, 1779, 

On the part and behalf of the state of Maryland. 
John Hanson, Daniel Carroll, 

March 1, 1781, March 1, 1781. 

On the part and behalf of the state of Virginia. 
Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the state of North Carolina. 
John Penn, July 21, 1778, Jno. Williams. 

Corns. Hartnett, 

On the part and behalf of the state of South Carolina. 
Henry Laurens, Richard Hutson, 

William Henry Drayton, Thomas Heywood, Jun. 

Jno. Mathews, 

On the part and behalf of the state of Georgia. 
Jno. Walton, 24 July, 1778, Edwd. Langworthy. 

Edwd. Telfair, 



CONSTITUTION 

OP THE 

UNITED STATES OF AMERICA. 



We, the people of the United States, in order to form a more perfect 
Union, establish justice, insure domestic tranquility, provide for the 
common defense, promote the general welfare, and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America . 

ARTICLE I. 

Section 1 . All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Sec. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
States , and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of 
the United States, and who shall not, when elected, be an inhab- 
itant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, ac- 
cording to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the Con- 

(179) 



180 CIVIL GOVERNMENT 

gress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative ; and 
until such enumeration shall be made, the State of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut live, New 
York six, New Jersey four. Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature thereof, 
for six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second 
year; and if vacancies happen by resignation or otherwise, during 
the recess of the Legislature of any State, the Executive thereof 
may make temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless thej T be equally divided. 

The Senate shall choose their other officers, and also a Presi- 
dent pro tempore, in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 



OF THE UNITED STATES. 181 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit under the United States ; but the 
party convicted shall nevertheless be liable and subject to indict- 
ment, trial, judgment and punishment, according to law. 

Sec. 4. The times, places and manner of holding elections for 
Senators and Representatives shall be prescribed in each State by 
the Legislature thereof; but the Congress may, at anytime, by 
law, make or alter such regulations, except as to the places of 
choosing Senators. 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner and under such 
penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish 
Us members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in 
their judgment, require secrecy; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

Sec. 6. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out 



182 CIVIL GOVERNMENT 

of the treasury of the United States. They shall in all cases, ex- 
cept treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time; and no 
person holding any office under the United States, shall be a 
member of either house during his continuation in office. 

Sec. 7. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United States ; If he approve he shall sign it ; 
but if not he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two-thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved 
by two-thirds of that house, it shall become a law. But in all such 
cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, unless the 
Congress by their adjournment prevent its return, in which case 
it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and, before the same shall take effect, shall 



OF THE UNITED STATES. 183 

be approved by him , or, being disapproved by him, shall be re- 
passed by two-thirds of the Senate and House of Representatives, 
.according to the rules and limitations prescribed in the case of a 
bill. 

Sec. 8. The Congress shall have power — 

To lay and collect taxes, duties, imposts and excises, to pay the 
debts and provide for the common defense and general welfare of 
the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the sev- 
eral States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years ; 

To provide and maintain a navy; 

To make rules for tfhe government and regulation of the land 
and naval forces ; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and repel invasions ; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 



184 CIVIL GOVERNMENT 

the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession* 
of particular States, and the acceptance of Congress, become the 
seat of the Government of the United States, and to exercise like 
authority over all places purchased by the consent of the Legisla- 
ture of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful build- 
ings; and 

To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United States, 
or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended r 
unless when in cases of rebellion or invasion the public safety 
may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to be 
taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another ; nor shall 
vessels bound to or from one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the treasury, but in consequence 
of appropriations made by law ; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published from time to time. 

No title of nobility shall be granted by the United States ; and 
no person holding any office of profit or trust under them shall, 



OF THE UNITED STATES. 185 

without the consent of the Congress, accept of any present, emol- 
ument, office, or title, of any kind whatever, from any kino-, 
prince, or foreign State. 

Sec. 10. Xo State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts ; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of no- 
bility. 

Xo State shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control of 
the Congress. 

Xo State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a for- 
eign power, or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

Section 1. The Executive Power shall be vested in a President 
of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, 
chosen for the same term, be elected as follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the number of 
Senators and Representatives to which the State may be entitled 
in the Congress; but no Senator or Representative, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons , of whom one at least shall not be an inhab- 
itant of the same State with themselves. And they shall make a 
list of all the persons voted for. and of the number oi votes for each ; 



186 CIVIL GOVERNMENT 

which list they shall sign and certify, and transmit sealed to the 
seat of the Government of the United States, directed to the Pres- 
ident of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open ail the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on the list 
the said House shall in like manner choose the President. But 
in choosing the President, the votes shall be taken by States, the 
representation from each State having one vote. A quorum for 
this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all die States shall be nec- 
essary to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the elect- 
ors shall be the Vice-President. But if there should remain two 
or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.*] 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall 
be the same throughout the United States. 

No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any per- 
son be eligible to that office who shall not have attained to the age 
of thirty-five years, and been fourteen years a resident within the 
United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President , 
and the Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall then act as President, and 

*This clause has heen repealed and annulled by the 12th amendment. 



OF THE UNITED STATES. 187 

such officer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected , and he 
shall not receive within that period any other emolument from the 
United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will to the best of my ability, preserve, 
protect and defend the Constitution of the United States." 

Sec. 2. The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

He shall have the power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and by and with the ad- 
vice and consent of the Senate, shall appoint Ambassadors, other 
public Ministers and Consuls, Judges of the Supreme Court, and 
all other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 
inferior officers, as they think proper, in the President alone, in 
the courts of law. or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient ; 
he may, on extraordinary occasions, convene both houses, or either 



188 CIVIL GOVERNMENT 

of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive Ambassadors and other 
public Ministers; he shall take care that the laws be faithfully ex- 
ecuted, and shall commission all the officers of the United States. 
Sec. 4. The President, Vice-President and all civil officers of 
the United States, shall be removed from office on impeachment 
- for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section 1« The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior Courts as the 
Congress may from time to time ordain and establish. The 
Judges, both of the Supreme and inferior Courts, shall hold their 
offices during good behavior, and shall, at stated times, receive for 
their services a compensation, which shall not be diminished dur- 
ing their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority ; to all cases affecting Ambassadors, other public Min- 
isters, and Consuls; to all cases of admiralty and maritime juris- 
diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State ; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States , and between a State, or the citizens 
thereof, and foreign States, citizens or subjects. 

In all cases affecting Ambassadors, other public Ministers and 
Consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions, and under such 
regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not committed 



OF THE UNITED STATES. 189 

within any State, the trial shall be at such place or places as the 
Congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person attainted. 

AETICLE IV. 

Section 1. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records and proceedings shall be proved, 
and the effect thereof. 

Sec. 2. The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, he delivered up, to be removed to the State having 
jurisdiction of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 

Sec. 3. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the ju- 
risdiction of any other State; nor any State be formed by the 
junction of two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territory or other property 



190 CIVIL GOVERNMENT 

belonging to the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United 
States, or any particular State. 

Sec. 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion; and on application of the Legisla- 
ture, or of the Executive (when the Legislature can not be con- 
vened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on 
the application of the Legislatures of two-thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the Legislatures of three- 
fourths of the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress : Provided, that no amendment which may 
be made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the ninth 
section of the first Article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land ; and the Judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 



, OF THE UNITED STATES. 191 

shall be bound by oath or affirmation, to support this Constitution; 
but no religious test shall ever be required as a qualification to 
any office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be suffi- 
cient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our Lord 
one thousand seven hundred and eighty-seven, and of the Inde- 
pendence of the United States of America the twelfth. 

In witness whereof, We have hereunto subscribed our names. 

Go WASHINGTON, 
President , and Deputy from Virginia. 

New Hampshire. 
John Langdon Nicholas Gilman 

Massachusetts. 
Nathaniel Gorham Rufus King 

Connecticut. 
Wm Saml Johnson Roger Sherman 

New York. 
Alexander Hamilton 

New Jersey. 
Wil Livingston David Brearley 

Wm Paterson Jona Dayton 

Pennsylvania. 
B Franklin Thomas Mifflin 

Robt Morris Geo Clymer 

Tho Fitzsimons Jared Ingersoll 

James Wilson Gouv Morris 

Delaware. 
Geo Read Gunning Bedford, Jun'r 

John Dickinson Richard Bassett 

Jaco Broom 



192 CIVIL GOVERNMENT 

Maryland. 
James M'Henry Dan of St Thos Jenifer 

Danl Carroll. 

Virginia. 
John Blair James Madison Jr 

North Carolina. 
Wm Blount Rich'd Dobbs Spaight 

Hu Williamson 

South Carolina. 
J Rutledge Charles Cotesworth Pinckney 

Charles Pinckney Pierce Butler 

Georgia. 
William Few Abr Baldwin 

Attest WILLIAM JACKSON", Secretary. 



ARTICLES 

IN ADDITION TO, AND AMENDMENT OF, THE 

Constitution of the United States of America. 



PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE 

SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE 

OF THE ORIGINAL CONSTITUTION. 



AETICLE I. 



Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof ; or abridging the 
freedom of speech, or of the press, or the right of the people 
peaceably to assemble, and to petition the Government for a re- 
dress of grievances. 

ARTICLE H. 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IY. 

The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon proba- 
ble cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched, and the persons or things to be 
seized. (193) 



194 CIVIL GOVERNMENT 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a Grand 
Jury, except in cases arising in the land or* naval forces, or in the 
militia, when in actual service in time of war or public danger ; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb ; nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just compensa- 
tion. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be in- 
formed of the nature and cause of the accusation ; to be confronted 
with the witnesses against him;, to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance 
of counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed tw T enty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
Court of the United States, than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people. 



OF THE UNITED STATES. 195 

ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

ARTICLE XI. 

The judicial power, of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same Sttae with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they 
shall make distinct lists of all persons voted for as President, and 
all persons voted for as Vice-President, and of the number of votes 
for each, which lists they shall sign and certify, and transmit 
sealed to the seat of the goverment of the United States, directed 
to the President of the Senate. The President of the Senate shall, 
in presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The person 
having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number of 
Electors appointed; and if no person have such majority, then 
from the persons having the highest numbers not exceeding three 
on the list of those voted for as President, the House of Represent- 
atives shall choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by States, the rep- 
resentation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 



196 CIVIL GOVERNMENT 

President shall act as President, as in the case of the death or 
other constitutional disability of the President. The person hav- 
ing the greatest number of votes as Vice-President, shall be the 
Vice-President, if such number be a majority of the whole number 
of Electors appointed; and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall choose 
the Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

ARTICLE XIII. 

"Section 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this Article by 
appropriate legislation. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any State 
deprive any person of life, liberty, or property, without due pro- 
cess of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of Electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of 
a State, or the members of the legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one years of 



OF THE UNITED STATES. 197 

age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion, or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3. No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any 
State, who, having previously taken an oath, as a member of Con- 
gress, or as an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, by a vote 
of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts, 
obligations and claims shall be held illegal and void. 

SECo 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this articlec 

The amendment passed the Senate by a vote of 33 yeas to 11 nays, and the 
House by a v^> of 1~l yeas to 36 nays. 

ARTICLE XV. 

Section 1„ The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servitude. 

Sec. 2o The Congress shall have power to enforce this article 
by appropriate legislation. 



198 



CIVIL GOVERNMENT 



The Constitution was adopted September 17, 1787, by the con- 
vention appointed in pursuance of the resolution of the Congress 
of the Confederation of February 21, 1787, and ratified by the 
conventions of the several States, as follows : 

By Convention of Delaware ...December 7, 1787 

Pennsylvania December 12, 1787 

New Jersey December 18, 1787 

Georgia January 2, 1788 

Connecticut January 9, 1788 

Massachusetts February 6, 1788 

Maryland April 28, 1788 

South Carolina May 28, 1788 

New Hampshire June 21, 1788 

Virginia June 2G, 1788 

New York July 26, 1788 

North Carolina November 21, 1789 

Rhode Island May 29, 1790 



The first ten of the amendments were proposed, September 25, 
1789, and ratified by the constitutional number of States, December 
15, 1791; the eleventh, January 8, 1798; the twelfth, September 
25, 1804; the thirteenth, December 18, 1865; the fourteenth, July 
21, 1868; and the fifteenth, March 30, 1870. 



GLOSSARY., 



Accomplice. One of two or more implicated in the commission of a crime, but 
not necessarily present at its commission. 

Acknowledgment. The declaration of the execution of a written instrument, 
as a deed or mortgage, before an officer authorized to take acknowledg- 
ments. 

Act. A law; a statute passed by a legislative body. 

Administrator. A person appointed to manage and settle the estate of an in- 
testate decedent, or one who leaves a last Avill and testament without an ex- 
ecutor to carry out its provisions. 

Administratrix. A female administrator. 

Admiralty. The officers appointed to manage naval affairs ; a board of naval 
commissioners; a jurisdiction which takes cognizance of suits or actions 
pertaining to acts relating to the sea. 

Affidavit. A declaration in writing sworn to before an officer having authority 
to administer oaths. 

Affirmation. A solemn declaration made by persons having conscientious 
scruples against taking an oath, such as Friends, Moravians, etc., but which 
is as binding as an oath, and subjects the person taking it to the pains and 
penalties of perjtiry. 

A fortiori. With greater probability, or stronger reason. 

Agency. The office of a person acting for or intrusted with the affairs of another. 
The person so acting is an agent; the person acted for is the principal. 

Alias. Otherwise called ; an assumed name ; a second writ issued after the first 
capias, commanding an officer to take or arrest a person. 

Alibi. Elsewhere ; the plea of a person accused of a crime that, at the time of 
its commission, he was atanother place than that where the offense was com- 
mitted. 

Alien. A foreign born person residing in a country in which he has not been 
naturalized. 

Alimony. An allowance made to a divorced wife out of her husband's estate 
at the time of their legal separation. 

Allegiance. The fealty or duty which a citizen owes to his government. 

Ambassador. A person appointed by a government and sent to the seat of 
another government to represent his government and manage its interests 
with the government to which he is sent. 

Amnesty. An act of indemnity or oblivion ; a general pardon granted to those 
guilty of a crime, or offense against their government. 

Anarchy. A state of society in which there is no government, or in which the 
ruling power lacks the authority to enforce its laws ; political confusion. 

Apprenticeship. The relation established by a written instrument by which 
a minor, with the consent of his parents or guardian, agrees to serve his 
employer in some trade or employment for a certain term of years. 

Appurteuances. Minor rights of property connected with real estate. 

Arbitrator. An umpire, or referee ; a disinterested person chosen by the parties 
interested to settle or decide matters in dispute or controversy between 
them. 

Arrest. The taking or apprehending of a person in execution of a legal process 
or writ. 

Arrest of Judgment. An order of court directing that no judgment be ren- 
dered in an action for some legal cause. 

(199) 



200 GLOSSARY. 

Arson. The willful burning of a dwelling-house or other building. (The defi- 
nition of this crime varies under the statutes of different States ) 

Assassin. One who willfully kills, or attempts to kill, another by surprise or 
secret assault. 

Assault. An unlawful attempt to touch the person of another. If the person 
be actually touched, it is assault and battery. 

Attachment. A writ; the seizure or taking of the person or property by virtue 
of a legal process. 

Attainder. Corruption of blood, by which a person is prohibited from inherit- 
ing or transmitting property, in consequence of being condemned for cer- 
tain crimes. 

Bail. The security given for the appearance in court of a released prisoner ; the 
sum given as security ; the person or persons who are responsible for his 
appearance. 

Bailable. Of such a nature as to permit of the prisoner's being released on 
bail. 

Bail-bond. The bond given by a prisoner for his appearance in court. 

Bailee. A person to whom goods are delivered in trust. 

Bailment. A delivery of goods to another in trust for some specified purpose. 

Bailor. A person who delivers goods to another in trust. 

Ballot. A slip of paper used in casting a secret vote. 

Ballot-box. The box in which the ballots are deposited at an election. 

Bankrupt. A person declared by a court to be unable to pay his debts in full, 
and who is released from further obligation upon surrendering his prop- 
erty to be equitably distributed among his creditors. 

Bequest. A legacy ; a gift by last will and testament. 

Bigamy. The marriage of a person having a legal husband or wife. 

Bill. Draft of a proposed act or law introduced in a legislative body ; a formal 
complaint in writing to a court of justice, as, a bill in equity, a bill of indict- 
ment; a record or written statement of proceedings in an action, as a bill of 
exceptions, a bill of particulars ; a written statement of the terms of a contract, 
as a bill of sale, a bill of exchange. 

Bill of Credit. Paper issued by and upon the faith of a State, designed to cir- 
culate as money. 

Bill of Rights. A formal declaration in writing of the rights and liberties of 
the people, usually embodied in the constitutions of the several States. 

Body-politic. The collective body of a state organized for the purpose of ex- 
ercising political functions ; a corporation. 

Bona fide. In good faith. 

Bond. A written instrument, signed and sealed, by which a person binds him- 
self to pay a certain sum of money or perform a certain thing at or before 
some specified time, or upon the happening of a certain event. 

Bribery. The crime of taking or receiving a reward to influence action in an 
officer, or to bias a voter at an election. 

Burglary. The crime of breaking open and entering the dwelling-house, or 
other building, of another person in the night time with the intention of 
committing a felony. 

Cabinet. The collective body of men who act as the constitutional advisers of 

the chief executive officer of a nation. 
Capital Crime. A crime punishable by death. 

Capital Punishment. Punishment by taking the life of the offender. 
Capitation Tax. A poll tax ; a tax levied not according to property, but by the 

head. 
Caveat. Let him beware ; notice by an interested party to an officer not to do 

a certain act until the party is heard from ; a description of an invention 

filed in the patent office before the patent right is secured, operating as a 

bar against another person taking out a patent upon the same invention. 
Census. The official counting and registration of the inhabitants of a country, 

the value of their land and other property, and such other statistics as are 

of public interest. 
Charter. A written instrument conferring certain rights and privileges. 



GLOSSARY. 201 

Check. A written order for the payment of money, usually drawn upon a 
bank. 

Client. One who employs an attorney or counselor at law to transact legal 
business. 

Codicil. A supplement or addition to a will. 

Commerce. The exchange of commodities between different places. 

Commission. A written instrument investing one with authority in office. 

Communism. The doctrine of holding property in common, as opposed to the 
present system of private property. 

Concurrent. Acting together ; joint and equal ; equal in authority ; having 
the same right or claim. 

Confederation. A league ; an alliance ; a union of States by mutual agree- 
ment. 

Confiscation. The conversion of private property to public use, as a penalty 
for crime. 

Congress. The national legislature; a meeting of delegates or representa- 
tives to consult upon matters of common interest. 

Consanguinity. Relationship by blood or descent from a common ancestor. 

Consideration. The amount given or promised, or the thing done, as an in- 
ducement to a person to enter into an agreement. 

Consignee. A factor ; a person to whom goods or other things are sent in trust 
or for some purpose. 

Consignment. The act of consigning goods or other things to afactor ; the goods 
or things consigned. 

Consignor. A person who makes a consignment. 

Conspiracy. A collusion of persons for an unlawful purpose. 

Constable. A peace officer having power to execute warrants and other pro- 
cesses of justices of the peace and other magistrates. 

Constituent. One who deputes another to act for him, especially in political 
matters. 

Constitution. The fundamental law of a country, expressed in a written docu- 
ment or implied in the institutions and usages of the people and the gov- 
ernment. 

Consul. An officer commissioned to reside at a foreign port and look after the 
commercial interests of his government and fellow-citizens at that place. 

Continental Congress. A congress of delegates from the several States during 
the Revolutionary War. 

Contraband. Illegal traffic ; merchandise or articles, the exportation or im- 
portation of which is prohibited. 

Contract. An agreement, written or verbal, between two or more persons, based 
on an adequate consideration, promising to do or refrain from doing cer- 
tain lawful things possible to be done. 

Conversion. The wrongful appropriation of the personal property of another. 

Conveyance. A legal transfer of property from one person to another ; the in- 
strument by which the transfer is formally made. 

Convict. A person convicted of a crime by a court of competent jurisdiction. 

Conviction. The act of conviciing a person of a crime by the verdict of a jury 
and judgment of a court. 

Copartner. A member of a partnership ; a person jointly concerned with 
others in business transactions 

Copartnership. A joint interest of two or more persons in business or property. 

Copyright. The exclusive right granted by law to an author or his represen- 
tatives to print, publish and sell his own literary productions for a limited 
time. 

Coroner. An officer whose duty it is to inquire, by a jury of competent per- 
sons, into the cause of any sudden or violent death. 

Corporation. A body of men created by law with power to act in many re- 
spects as a single individual, capable of suing and being sued, holding 
property, conveying the same, and transmitting it to their successors. 

f orporator. A member of a corporation, 

Counsel. A person authorized by law to give legal advice and aid in legal pro- 
ceedings ; advice and aid given by counsel ; a counselor. 



202 GLOSSARY. 

Court. A judicial tribunal composed of one or more judges who are author- 
ized to hear and decide causes coming under its jurisdiction ; a judge. 

Covenant. A written contract in which one or more persons promise one or 
more other persons to do or not to do certain specific acts. 

Covenantee. The party to whom a covenant is made. 

Covenantor. The party making a covenant. 

Crime. An offense against the laws of a country to which a penalty is at- 
tached. 

Criminal. A person judicially adjudged guilty of a crime. 

Crown. King; sovereign; reigning monarch. 

Days of G race. The three days that notes and bills are allowed to run after they 

fall due before they must be paid. 
Debt. A sum of money due from one person to another. 
Debtor. A person who owes a debt. 
Decedent. A deceased person. 
Decree. A decision, order, judgment or sentence given by a court of equity or 

admiralty. 
Deed. A written instrument, signed, sealed and delivered in due form of law, 

conveying title. 
Defaulter.* One deficient in his accounts ; one who fails to appear in court when 

properly summoned. 
Defendant. A party against whom a suit is brought in court. 
Defense. The answer, evidence and argument offered by a defendant in a suit 

in refutation of a complaint brought against him in a court. 
Demise. The conveyance of an estate, either in fee simple or for a term of 

years. 
Demurrer. An admission of facts as stated in a pleading, but a denial as to th eir 

constituting a cause of action. 
Deponent. One who makes a deposition ; one who makes oath to an affidavit. 
Deposition. Testimony taken in writing according to law, to be afterwards 

used on the trial of a cause. 
Descent. Transmission by inheritance. 
Devise. Disposition of real estate by last will and testament. 
Devisee. One to whom a devise is made. 
Devisor. One making a devise. 

Dilatory Motion. A motion made for the purpose of delaying proceedings. 
Disfranchisement. Depriving a person of the rights of citizenship, as voting or 

holding office. 
Divorce. Legal separation of husband and wife, or dissolution of the marriage 

contract. 
Domicile. A place of permanent residence. 
Donation. A gift. 
Donee. A receiver of a gift. 
Donor. A giver of a gift. 
Dower. The portion of her husband's real estate to which a widow is entitled 

during her natural life ; the portion a woman brings to her husband in 

marriage. 
Duress. A state of compulsion induced by restraint or fear. 

Edict. An order of a sovereign to his subjects. 

Ejectment. Dispossession or expulsion; an action for the recovery of real 
estate and damages for the unlawful detention thereof. 

Elector. A voter. 

Electoral College. The whole body of Presidential Electors taken together. 

Electoral Commission. A commission appointed to examine the legality of re- 
turns from disputed States in an election. 

Embargo. The detention of vessels in port. 

Embezzlement. The fraudulent appropriation to one's own benefit of money 
or other personal property entrusted to him by another for a certain pur- 
pose. 

Endowment. A provision made for the permanent support of an institution or 
of a person. 



GLOSSARY. 203 

Equity. Right or justice as contemplated by the laws of nature. 

Escheat. To revert back; the reversion of an estate to the state for want of 

lawful heirs. 
Estate. The title or interest a person has in his lands, tenements and chattels. 
Eviction. Depriving one of lands in his possession. 
hxcise. A tax levied on hbme productions. 
Execution. A writ empowering an officer to enforce a judicial sentence ; an 

act by which possession of a body or goods is given. 
Executive Session. A secret session of a legislative body to consider matters 

pertaining to the executive department requiring secrecy. 
Executor. The person to whom is entrusted the execution of a will. 
Expatriation. Banishment; the renouncing of one's native country to become 

a citizen of another country. 
Exports. Commodities shipped from a country. 
Extradition. The delivery by one nation to another of a fugitive from justice. 

Fealty. Allegiance ; loyalty ; fidelity to the government. 

Fee. An estate to which the holder has an unconditional title. 

Felon. A person convicted of felony. 

Felony. A crime punishable by death or imprisonment. 

Fine. A sum of money imposed by a court upon a criminal for commission of 

crime. 
Foreclosure. The process of enforcing the collection of a claim secured by a 

mortgage. ■ 
Forgery. Fraudulently counterfeiting or altering an instrument of writing 

with intent to defraud another. 
Franchise. A particular privilege conferred by grant from the government, and 

vested in individuals. 
Franking Privilege. The privilege of sending and receiving mail matter free 

of charge for postage. 
Fratricide. One who murders his brother or sister. 
Fraud. Willful deception for the purpose of gaining an unfair advantage in a 

business transaction. 
Freehold. Frank tenement ; an estate in real property in fee, or for life. 
Freeholder. One who owns a freehold. 

Government. Control of a state by the administration of laws. 

Grand Jury. A body of men summoned to inquire into the commission of 

crimes, and to present indictments to the court against persons committing 

crimes. 
Grant. The transfer of property by deed. 
Grantee. The person to whom a grant is made. 
Grantor. The maker of a grant. 
Guardian. One vested with the legal power to manage the business affairs of 

an infant or other incompetent person. 

Habeas Corpus. You may have the body ; a writ having for its object to bring 
a party before a court or judge, especially with a view to inquire into 
the cause of a person's detention or imprisonment by another, with the 
view to protect the right to personal liberty. 

Heir. One to whom an estate descends by inheritance. 

Homestead. A dwelling-place with the land connected therewith. 

Illegal. Not according to law. 

Impeachment. The arraignment of a public officer for corruption in office* or 

for the commission of crimes or offenses for which he ought to be removed 

from office. 
Imports. Commodities brought into a country from foreign countries. 
Imposts. Duties or taxes imposed. 
Inalienable. Not transferable. 
Inchoate. Incomplete or unfinished. 
Indictment. A written accusation of crime in due form of law, brought by a 

grand jury against a person. 



204 GLOSSARY. 

Informer. One who notifies the authorities of a violation of law. 

Inheritance. A right of property transmitted by operation of law to a person 
and his heirs. 

Injunction. A writ granted by a competent court, or judge, commanding a 
person to do or refrain from doing an act named in the writ. 

Inquest. A judicial examination, or inquiry. 

Insolvency. Inability of a person to pay his debts 

Insurgent. One who engages in open revolt against the established govern- 
ment of his country. 

Interstate. Relating to the mutual relations existing between different states. 

Intestate. Without a will executed in due form of law ; one who dies without 
making a legal will. 

Jeopardy. Exposure to death, injury, loss or punishment. 

Judge. A judicial magistrate invested with authority to hear and determine 

questions at issue in a court of law. 
Judgment. The judicial decision of a court upon any matter at issue before it. 
Judicial. Pertaining to a court of justice. 

Judiciary. The branch of the government that interprets and applies the laws. 
Jurat. The certificate of an officer attached to an affidavit or instrument, 

snowing before whom it was made or acknowledged. 
Jurisdiction. The authority of a court to hear and determine a case. 
Jurisprudence. The science of law- 
Jurist. One versed in law. 
Juror. One who serves on a jury. 
Jury. A body of men summoned to court and sworn to inquire into the facts 

of a cause, and to render a verdict in accordance therewith. 
Jury-box. The place where the jury sits in hearing the trial of a cause. 

Landlord. The owner of lands or houses leased to tenants. 

Larceny. Theft ; the unlawful taking and carrying away of personal property 
with intent to deprive the rightful owner of the same. 

Law. A rule of order or conduct established by the supreme authority of a 
state, for the control of its inhabitants. 

Lawful. Not prohibited by law. 

Lease. A demise or letting of real estate by the owner, for a consideration, to 
another for his use for life, for a term of years, or at will. 

Legacy. A bequest ; a gift of personal property by will. 

Legal. Lawful ; allowable by law. 

Legatee. The receiver of a legacy. 

Legislator. A member of the legislative branch of the government; a law- 
maker. 

Legislature. The law-making branch of the government ; the legislative body 
of a State. 

Lessee. A person to whom real estate is leased. 

Lessor. One who leases real estate to another. 

Levy. To raise or collect ; the act of seizing property by virtue of an execution 
or tax warrant. 

Libel. A malicious publication expressed in print, or writing, or by pictures 
or signs, intended to defame the character or reputation of another. 

Lien. A legal claim on property, for which the property is liable regardless of 
the owner. 

Litigant. A party to a lawsuit. 

Litigation. A lawsuit ; a legal contest between litigants in court. 

Lunacy. Insanity broken by intervals of reason, formerly supposed to be in- 
fluenced by the moon. 

Lunatic. A. person afflicted with lunacy. 

Magistrate. A person clothed with power as a public civil officer. 

Majority. More than half ; the full age required by law for one to manage his 

' own business and assume all the duties of a citizen. 
Malefactor. A criminal ; a person guilty of the commission of a crime. 



GLOSS AKY. 205 

Malfeasance. The doing of what one has no legal right to do. 

Malicious. With wicked and unlawful intentions. 

Manslaughter. Unlawfully taking the life of a person, without malice ex- 
pressed or implied. 

Marshal. A ministerial officer whose duty is to serve the processes of the 
United States courts, and to perform such other duties as usually devolve 
upon the sheriffs of State courts ; m, peace officer in a city or town. 

Minister. An officer sent by one government to another for the purpose of 
transacting business between his own government and the government at 
which he resides. 

Minor. A person under twenty-one years of age. 

Minority President. A President who fails to receive a majority of the popular 
vote. 

Misdemeanor. A crime less than a felony. 

Misfeasance. A trespass ; a wrong done. 

Misnomer. Mistaking the true name of a person, or the use of a wrong name. 

Misprision. Concealment or light account of a crime. 

Mortgage. A conditional conveyance of property, usually given to secure the 
payment of a debt. 

Mortgagee. One to whom a mortgage is given. 

Mortgagor. One who makes a mortgage. 

Murder. The deliberate and malicious killing of a human being. 

Nation. The Avhole body of people of a country united under one govern- 
ment. 

Native. One born within the limits of a country ; a citizen by birth. 

Naturalization. The process by which an alien is made a citizen. 

Negotiable. Transferable from one to another. 

Neutrality. The state of a nation that takes no part on either side in a war be- 
tween other nations. 

Nihilism. Negation of all government. 

Nonsuit. Judgment rendered against a plaintiff when he fails to prove his 
cause of action. 

Note. A written promise to pay a specified sum of money, for value received, at 
a certain time. 

Nuisance. That which annoys or incommodes. 

Nuncupative. Oral or verbal ; not written. 

Oath. A solemn declaration or affirmation, made before a competent officer, 
appealing to the Supreme Being for the truth of what is asserted. 

Obligation. A bond , a written instrument with a condition annexed, and a 
penalty for non-fulfilment. 

Obligee. One to whom another is bound. 

Obligor. The person bound to another, or the one giving the bond. 

Offense. An open violation of law ; a crime. 

Officer. A person lawfully invested with an office, whether civil or military. 

Ordinance. A statute, law, rule, or regulation established by a competent au- 
thority. 

Outlaw. A person excluded from the protection or benefit of the law. 

Overt. Open to view ; public. 

Pardon. Remission of the penalty for a crime. 

Parliament. The highest legislative body of Great Britain, composed of the 

House of Lords and House of Commons. 
Partner. One of the associates in a business firm. 
Partnership. An association of two or more persons, by contract, under one 

business firm 
Passport. Official authority to travel from place to place, especially in foreign 

countries. 
Patent. An official document issued to a person by the government securing 

to him, for a term of years, the exclusive right to an invention. 
Patentee. The person to whom a patent is issued. 



206 GLOSSARY. 

Pauper. A person so poor that he is supported by alms, or by public provision. 
Pawn. A chattel given in trust to secure the payment of money owed, or the 

performance of a duty promised. 
Pawnee. The receiver of a pawn. 
Pawnor. The giver of a pawn. 
Peer. An equal ; of the same rank. 
Penalty. Punishment for crime. 
Pension. An allowance, or annuity, made by the government to a person for 

past services. 
Perjury. Knowingly swearing falsely to matters material when an oath has 

been administered. 
Piracy. Robbery on the high seas ; infringement of the copyright laws. 
Plaintiff. One who brings a suit in court against another. 
Plea. That which is alleged by a party to a suit in support of his cause ; the 

answer of the defendant to a suit. 
Pleadings. The logical statement in legal form of the facts constituting the 

plaintiff's cause of action, and also the defendant's ground of defense. 
Plurality. More than any other one. 
Policy. A contract of insurance. 
Poll 'fax. Tax levied by the head ; per capita tax. 
Prima Facie. Upon the first view or appearance. 
Prison. A jail; a penitentiary; a place of confinement of a person against 

his will. 
Prisoner. A person deprived of liberty against his will. 
Prosecutor. One who institutes a suit in court. 
Pro tempore. For the time being. 
Punishment, A penalty inflicted by direction of a court upon a criminal. 

Real. Fixed, permanent, such as real estate. 

Realty. Immovable property ; real estate. 

Rebel. One who takes up arms or revolts against his government. 

Receiver. A person appointed by the court to hold in trust property in litiga- 
tion, and to apply the profits, or dispose of the property under direction of 
the court. 

Referee. An umpire ; a person to whom matters in dispute are referred by the 
parties in dispute for decision. 

Release. A surrender in due form of some claim or right. 

Rent. A periodical payment for the use of lands and tenements leased or 
rented. 

Replevin. An action at law for the recovery of the possession of goods and 
chattels wrongfully detained by another. 

Reprieve. A postponement or suspension of an execution for a specified time. 

Requisition. A formal demand made by the executive authority of one govern- 
ment or State upon the executive authority of another for the surrender of 
a fugitive from justice. 

Revenue. The annual produce of taxes, excises, customs, duties, rents, etc., 
which a state collects and receives into the treasury for public use. 

Reversion. The returning of an estate to the grantor or his heirs, by operation 
of law, after the grant is determined ; the residue of an estate left in the 
owner, to take effect in possession, by operation of law, after the determina- 
tion of a lesser estate carved out of it and conveyed by him. 

Salvage. The compensation allowed to persons who voluntarily assist in sav- 
ing a ship or her cargo from peril ; the property saved from the wreck. 

Seizin. Possession of an estate of freehold. 

Sergeant-at- Arms. An officer who serves the processes and executes the orders 
of a legislative body. 

Sheriff. The chief civil officer of a county, to whom is entrusted the execution 
of the laws. 

Slander. A false tale or report maliciously uttered concerning another which 
injures his reputation or business. 

Socialism. The doctrine that seeks to wipe out everything that exists— laws, 
manners, customs, the guarantees of person and of property— and to reor- 
ganize society entirely upon a different " 



GLOSSARY. 207 

Solicitor. An attorney in a court of chancery or equity ; an attorney or advo- 
cate, 

Solvency. The ability to pay all debts or just claims. 

Specialty. A contract, or obligation, under seal; a contract by deed. 

Squatter Sovereignty. The doctrine that the territories should themselves de- 
termine whether or not they should recognize slavery or prohibit it within 
their own borders, in the event of their becoming States. 

State Sovereignty. Tne doctrine that the States are not subordinate to the 
Federal government only so long as they see fit to remain so ; State rights. 

Statute. An act passed by a legislature ; a law. 

Subornation, The crime of procuring a person to take such a false oath as con- 
stitutes perjury, or to commit a crime. 

Subpoena. A legal writ or process summoning a witness to appear in court. 

Suit. The prosecution of a cause in a court of justice. 

Summons. A legal writ or process issued by a court, at the instance of the 
plaintiff, notifying the defendant of the pending of the action against him, 
and commanding liim to appear in court at a certain time and defend the 
same. 

Surety. One who becomes responsible for another for his appearance in court, 
payment of a debt, or performance of an act; a bondsman. 

Surrogate. An officer who presides over the probate of wills and testaments, 
and the settlement of estates. 

Tariff. A list or table of duties or customs to be paid on goods imported or 
exported. 

Tax. A levy of any kind made upon property or persons for the support of the 
government. 

Tenant. One who has temporary possession of lands or houses by permission 
of the owner. 

Tender. An offer of money to pay a debt, chattels to be delivered, or of serv- 
ices to be performed, according to the provisions of a contract. 

Tenure. The mode or manner of holding an estate or an office. 

Testator. A deceased person leaving a valid will or testament. 

Testatrix. A female testator. 

Testimony. Statements of witnesses under oath or affirmation offered as evi- 
dence in a cause. 

Title. The foundation of ownership of property ; the instrument which is evi- 
dence of ownership. 

Tonnage. A tax on ships or vessels estimated by their capacity in tons; the 
capacity in tons of a ship or vessel. 

Tort. Any wrong or injury for which an action will lie. 

Traitor. A person who violates his allegiance and betrays his country ; one 
guilty of treason. 

Treason. An attempt to overthrow the government to which the offender owes 
allegiance, or the aiding of others to do so. 

Treaty. An agreement, league, compact or contract between two or more sov- 
ereign states, executed in due form. 

Trespass. The unlawful entr5" upon the land or premises of another ; an un- 
lawful act committed with force and violence on the person, property, or 
rights of another. 

Trustee. One who holds property in trust for the benefit of another. 

Unalienable. Incapable of being transferred ; inalienable. 
Unconstitutional. Contrary to the provisions of the Constitution. 
Use. The benefit or profit of lands and tenements. 

Usury. Exorbitant or illegal interest ; compensation or premium paid for the 
use of money beyond the rate of interest established by law. 

V. or Vs. An abbreviation of versus, meaning against, and used in legal doc- 
uments. 
Vendee. The person to whom a thing is sold ; a purchaser ; a buyer. 
Vendor. The person who sells a thing ; a seller. 



208 GLOSSARY. 

Venue. The place or county in which an act is alleged to have been com- 
mitted. 

Verdict. The finding or decision of a jury on the matter legally submitted to 
them in the course of the trial of a cause. 

Verification. The act of proving to be true or correct ; confirmation. 

Veto. A Latin word, meaning I forbid; the refusal of the executive officer to 
approve and sign a bill passed by the legislative department. 

Vicinage. Places adjoining or near , vicinity or neighborhood. 

Viva Voce. By the living voice ; by word of mouth ; orally. 

Void. Of no legal force or effect whatever ; null, and incapable of c firmation 
or ratification. 

Voidable, Capable of being avoided or confirmed as the person may elect, yet 
binding if not declared void at the proper time. 

Vote. The means of expressing one's choice or will, at elections, in legislative 
bodies, or in other proceedings or bod'es. 

Voter. One who has the legal right to vote. 

Ward. A person under the care of a guardian. 

Warrant. Authority to execute some judicial act. 

Warrantee. One to whom real estate or other property is warranted. 

Warrantor. One who makes a warranty. 

Warranty. An engagement or undertaking, express or implied, that a certain 
fact regarding the subject of a contract is, or shall be, as it is expressly or 
impliedly declared or promised to be 

Will. The written instrument, legally executed, by which a person makes dis- 
position of his estate, to take effect after his death ; the declaration of the 
person making such disposition of his estate. 

Witness. One who testifies in a cause, or gives evidence before a judicial tri- 
bunal ; one who sees the execution of an instrument, and subscribes it for 
the purpose of confirming its authenticity. 

Writ. A written instrument, executed in due form, by the proper authority, 
commanding the performance or non-performance of some act by the person 
to whom it is directed. 



PART III. 

CIVIL GOVERNMENT OF KENTUCKY. 



PART III. 

Civil Government 'of Kentucky. 



CHAPTER XL 

BILL OF RIGHTS. 

227. The Bill of Rights is a declaration of the rights 
reserved to the people of the State as individuals. It 

Ken 7 begins by declaring that all freemen, when they 
form a social compact, are equal, and that no man, or set of 
men, are entitled to exclusive, separate public emoluments 
or privileges from the community but in consideration of 
public services. 

228. Absolute, arbitrary power over the lives, liberty 
A P b o s wer! e and property of freemen exists nowhere in a 

Republic, not even in the largest majority. 

229. The right of property is before and higher than 
SJert /. any constitutional sanction. 

230. All power is inherent in the people, and all free 
of°p u ower. governments are founded on their authority, 

and instituted for their peace, safety, happiness, security, 
and the protection of property. 

231. All men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their 

liberty 1 ! 3 own consciences ; and no man's liberties of wor- 
(211) 



212 CIVIL GOVERNMENT 

ship shall be abridged in the least ; neither shall his civil 
rights, privileges or capacities be diminished or enlarged 
on account of his religion. 

232. All elections shall be free and equal ; and returns 
of all elections by the people shall be made to the Secre- 

Eiections. tary of State, except in those cases otherwise pro- 
. vided for in .the Constitution, or which shall be otherwise 
directed by law. In all elections by the people, and by 
the Senate and House of Representatives, the votes shall 
be given viva voce, personally and publicly. Dumb per- 
sons entitled to suffrage may vote by ballot. 

233. The ancient mode of trial by jury shall be held 
bj T ju a rV. sacred, and the right thereof remain inviolate, 

subject to such modifications as may be authorized by 
the Constitution. 

234. The free communication of thoughts and opinions 
Fr and°^eech? ss is one of the invaluable rights of man, and every 
citizen may freely speak, write, and print on any subject, 
being responsible for the abuse of that liberty. 

235. The people shall be secure in their persons, houses, 
papers and possessions from unreasonable seizures and 

andXarch. searches, and that no warrant to search any place 
or to seize any person or thing shall issue without describ- 
ing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation. 

236. In all criminal prosecutions, the accused hath a 
right to be heard by himself and counsel; to demand 

"SI 01 the nature and cause of the accusation against 
him; to meet the witnesses face to face; to have compul- 
sory process for obtaining witnesses in his favor; and in 
prosecutions by indictment or information, a speedy trial 
by an impartial jury of the vicinage; and he can not be 



OF THE STATE OF KENTUCKY. 213 

compelled to give evidence against himself; nor can he 
be deprived of his life, liberty or property, unless by the 
judgment of his peers, or the' law of the land. No per- 
son once tried for an offense shall be again put in jeopardy 
for the same offense. 

237. All courts shall be open, and every person, for an 
open. 8 injury done him in his lands, goods, person or 

reputation, shall have remedy by due course of law, and 
right and justice administered without sale, denial or 
delay. 

238. Excessive bail shall not be required, nor excessive 
taiTorfine. fines imposed, nor cruel punishments inflicted. 

239. All prisoners shall be bailable by sufficient secur- 
b r ai s iabie. s ities, unless for capital offenses, when the proof 

is evident or presumption great. 

240. The privilege of the writ of habeas corpus shall not 
m£u. be suspended, unless when, in cases of rebellion 

or invasion, the public safety may require it. 

241. The person of a debtor, where there is not strong 
imprison- presumption of fraud, shall not be continued in 

nient ' 

for debt, prison after delivering up his estate for the ben- 
efit of his creditors in such manner as shall be prescribed 
by law. 

242. No ex post facto law, nor any law impairing con- 
Expostikcto tracts, shall be made. 

243. No person shall be attainted of treason or felony 
Attainder, by the General Assembly ; and no attainder shall 

work corruption of blood, nor, except during the life 
of the offender, forfeiture of estate to the Commonwealth. 

244. Citizens have a right, in a peaceable manner, to 
Assembling assemble together for, their common good, and to 
petitioning, apply to those invested with the powers of 



214 CIVIL GOVERNMENT 

government for redress of grievances, or other proper pur- 
poses, by petition, address or remonstrance. 

245. The military shall, 'in all cases and at all times, be 
in strict subordination to the civil power ; and the rights 

Military, of the citizens to bear arms in defense of them- 
selves and the State shall not be questioned; but the 
General Assembly may pass laws to prevent persons from 
carrying concealed arms. 

246. No standing army shall, in time of peace, be kept 
up, without the consent of the General Assembly ; and 

st a a rmy ng no soldier shall, in time of peace, be quartered in 
any house, without the consent of the owner, nor in time # 
of war, but in manner to be prescribed by law. 

247. The General Assembly shall not grant any title of 
Sn/. nobility or hereditary distinction, nor create any 

office, the appointment to which shall be tor a longer time 
than for a term of years. 

248. Emigration from the State shall not be pro- 
Emigration, hibited. 

REVIEW QUESTIONS. 

1. What is the Bill of Rights ? 

2. What is said of the equality of men ? 

3. What is said of the existence of absolute power ? 

4. What of the right of property ? 

5. What is the source of power ? 

6. What religious liberties have the people ? 

7. How are elections held ? 

8. What is said of trial by jury ? 

9. What freedom of press and speech is given the 
people ? 

10. What is said of seizure and search ? 



OF THE STATE OF KENTUCKY. 215 

11. What right of trial has each citizen? 

12. How many times can a person be tried for the 
same offense? 

13. To whom are the courts open? 

14. What provisions are made concerning bail and 
punishment? 

15. What is a writ of habeas corpus? 

16. What is said of imprisonment for debt? 

17. What is an ex post facto law ? 

18. What is said of attainder, corruption of blood and 
forfeiture of estate? 

19. What rights of assembling and petitioning have 
the people of the State? 

20. What is said of the military power? 

21. What provisions are made regarding the standing 
army? 

22. What prohibitions are made regarding titles of 
nobility, hereditary distinction, creation of office, and 
emigration ? 

CHAPTER XII. 

ELECTIONS. 

249. The election of electors of President and Vice- 
President shall be held on the Tuesday next after the 

SSfngf first Monday in November, one thousand eight 
hundred and seventy-six, and # on the same day in every 
fourth year thereafter. The election of Representatives 
in Congress shall be held on Tuesday next after the first 
Monday in November, one thousand eight hundred and 
seventy-four, and on the same day in every second year 



216 CIVIL GOVERNMENT 

thereafter. The election of all other officers, not other- 
wise provided for, shall be held on the first Monday in 
August; and thereafter, on the same day of each year, as 
the terms of office regularly expire. 

250. Every free white male citizen of the age of twenty- 
one years, who has resided in the State two years, or in 

Q fof voTer°. ns the county, town, or city in which he offers to vote, 
one year next preceding the election, shall be a voter ; but 
such voter shall have been, for sixty days next preceding 
the election, a resident of the precinct in which he offers 
to vote, and he shall vote in said precinct, and not else- 
where. Foreigners who have resided in the State, county 
and precinct the length of time required by the Constitu- 
tion, are entitled to vote immediately after being natural- 
ized. , 

251. Every person shall be disqualified from holding 
any office of trust or profit for the term for which he shall 
Disqualify- have been elected, who shall be convicted of 

tion for hold- . ' - 

ing office, having given or offered any *bribe or threat to 
procure his election. Any person who shall, either di- 
rectly or indirectly, give, accept, or knowingly carry a 
challenge to any person or persons, to fight in single com- 
bat with a citizen of this State, with any deadly weapon, 
either in or out of the State, shall be deprived of the 
right to hold any office of honor or profit in the Common- 
wealth. Any officer or deputy holding an office or post 
of profit, trust, or honor under the Commonwealth, who 
shall be convicted of bribery, forgery, perjury, or any fel- 
ony, by a court of record in or out of this State, his office 
or post shall be vacated by such conviction ; and any offi- 

*Money, or anything of value, bet or wagered on the result of the election 
is deemed a bribe. 



OF THE STATE OF KENTUCKY. 217 

cer perverting the functions of his office to private or 
personal gains, shall .be declared ineligible. 

252. The election precincts and places of voting in the 
several counties in the State shall be the same as the dis- 

precmcts. tricts and places fixed by law for the election* of 
Justices of the Peace, unless otherwise specially provided 
for by law. The County Courts have power to establish, 
alter, divide, increase, or decrease Justices' districts, and 
divide Justices' districts into two or more election pre- 
cincts, and to establish or change the place of voting in 
each precinct. 

253. Each County Court shall, annually, appoint two 
discreet voters in each election precinct as judges, and 

ofeSns. a clerk of the election, to act as such in their 
precinct, who shall hold their offices until their successors 
are appointed and qualified; and the judges, clerk and 
Sheriff shall be so selected and appointed as that one of 
the judges at each place of voting shall be of one political 
party, and the other judge of the other or opposing polit- 
ical party, and the like difference shall exist at each place 
of voting between the Sheriff and clerk of elections. 

254. The Sheriff shall, at least five days before the next 
ensuing election, give each judge and clerk written notice 

to olfiXs. of his appointment ; and each of such clerks shall 
be furnished with a poll-book by the County Clerk. Each 
judge and clerk of election shall, before entering on the 
duties of his office, take the oath prescribed by the Con- 
stitution to faithfully perform his duties. 

255. The polls are opened at seven o'clock in the fore- 
poiu. noon, and remain open until six o'clock in 

the afternoon. 



218 CIVIL GOVERNMENT 

256. Elections for Representatives in Congress shall be 
by ballot ; all other elections shall be viva voce. If a per- 

ofvoung. son offering to vote is not personally known to 
one of the judges or the Sheriff as a qualified voter, he shall 
be interrogated, under oath administered by one of the 
judges or the clerk, as to his qualification. If, from his 
statement so made, he appears to be qualified, he shall be 
admitted to vote, unless his right is disputed by one of 
the judges or the Sheriff, or by some other person pres- 
ent. If so disputed, the judges shall hear witnesses, not 
exceeding two in number on each side, as to his qualifi- 
cations, and decide as may appear right from the proof 
and the statements of the party. The word " sworn " 
shall be written opposite the name of every one so voting, 
on the poll-book, where the names of all voters are entered 
as they vote. 

257. The judges shall superintend the election, deter- 
mine upon the legality of all the votes offered, see that 

Duties of they are properly recorded with the voter's name 

election \ f r J 

officers. in the poll-book kept for that purpose, commenc- 
ing at the head of each column with the figure 1, and so 
continuing the count, in numerals, down to the foot of 
the page; attend to the proper summing up of the votes, 
certify the poll-book over their signatures, and deliver 
the same, inclosed in an envelope, sealed by them, before 
they separate, to the Sheriff. They shall also make out 
duplicate statements, in writing, signed by them, of the 
number of votes received by each candidate, one copy of 
which shall be retained by each of the judges, and shall 
serve as evidence of the result of the election if the poll- 
book is not produced. When the judges disagree, the 
Sheriff shall act as umpire between them. Each clerk, in 



OF THE STATE OF KENTUCKY. 219 

the presence of the judges, shall sign his name at the foot 
of every page of the poll-book, as the election progresses, 
so that the same may be thereby identified. 

258. The Judge of the County Court, the Clerk thereof, 
and the Sheriff or other person acting for him at an 

Board to election, shall constitute a Board for examin- 

examine , 

poii-books. in g the poll-books of each county, and giving 
certificates of election. Any two of them may constitute 
a Board; but if either is a candidate, he shall have no 
voice in the decision of his own case. If, from any cause, 
two of the before named persons can not act, in whole or 
in part, in comparing the polls, their places shall be sup- 
plied by the two Justices of the Peace who may reside 
nearest to the court-house. 

259. Within two days next after an election, the Sher- 
iff shall deposit with the Clerk of the County Court the 

pon P booL n s g poll-books of the different precincts. On the 
next day, the Board shall meet in the Clerk's office, be- 
tween ten and twelve o'clock in the morning, compare 
the polls, ascertain the correctness of the summing up of 
the votes, and give triplicate or more written certificates 
of election, over their signatures, of those who have re- 
ceived the highest number of votes for any office exclu- 
sively within the gift of the voters of the county — one 
copy of the certificate to be retained in the Clerk's office, 
another delivered to each of the persons elected, and the 
other forwarded by the County Clerk to the Secretary of 
State at the seat of government. For offices not within such 
gift, they shall give duplicate or more written certificates, 
over their signatures, of the number of votes given in the 
county to each person voted for, particularizing therein 
the precinct at which the votes were given — one copy to 



220 CIVIL GOVERNMENT 

be retained in the Clerk's office, and the other delivered 
to the Sheriff. After an election for Governor, Lieuten- 
ant-Governor, or other officer elective by the votes of the 
whole State, or for a Judge of the Court of Appeals, Clerk 
of that Court, Circuit Judge, Commonwealth's Attorney, 
Representative in Congress, or Electors of President or 
•Vice-President, it shall be the duty of the board of ex- 
aminers of poll-books for each county, immediately after 
the examination of the poll-books, to make out three or 
more certificates in writing, over their signatures, of the 
number of votes given in the county for each of the can- 
didates for any of said offices. One of the certificates 
shall be retained in the Clerk's office, another the Clerk 
shall send by the next mail, under cover, to the Secretary 
of State at the seat of government, and the other he shall 
transmit to the Secretary by any private conveyance the 
Clerk may select, free of cost. 

260. Where two or more counties vote together in the 
choice of a Representative or Senator, the Sheriffs of the 
counties shall, between ten and twelve o'clock in the morn- 
Two or more ing of the first Monday after the election, meet in 

counties voting 

together, the Clerk's office of the County Court of the county 
first named in the Senatorial or Representative District, 
compare the certificates of the Examining Boards of the 
several counties, and, therefrom, give triplicate or more 
certificates of election, in writing, over their signatures, 
of the persons who appear to have received the highest 
number of votes — one copy of the certificate to be retained 
in the Clerk's office, another delivered to the person 
elected, and the other forwarded to the Secretary of 
State, at the seat of the Government. 



OF THE STATE OF KENTUCKY. 221 

261. The Governor, Attorney-General, and Secretary of 
State, and, in the absence of either, the Auditor, or any 
Board to two of them, shall be a Board for examining the 
returns, returns of election for any of the following offi- 
cers: Governor, Lieutenant-Governor, or other officer 
elective by the votes of the whole State, or for a Judge of 
the Court of Appeals, Clerk of that Court, Circuit Judge, 
Commonwealth's Attorney, Representative in Congress, 
and electors of President and Vice-President. It shall be 
the duty of said Board, when the returns are all in, or on 
the fourth Monday after the election, whether they are in 
or not, to make out in the Secretary's office, from the 
returns made, duplicate certificates, in writing, over their 
signatures, of the election of those having the highest 
number of votes — one certificate to be retained in the 
office, and the other sent by mail to the person elected. 
If all the returns are not made, the right to contest an 
election shall not be impaired. In the case of the election 
of a Representative in Congress, there shall be three cer- 
tificates — one to be retained in the office, another sent by 
mail to the person elected, and the other sent by mail to 
the Clerk of the House of Representatives, at the seat of 
the Federal Government. 

REVIEW QUESTIONS. 

1. When and how often are elections held? 

2. What are the qualifications for a legal voter in 
Kentucky ? 

3. Who are disqualified from holding office ? 

4. What constitutes a precinct, and what authority 
regulates its boundaries ? 



222 CIVIL GOVERNMENT 

5. Who are the officers of election, who appoints them, 
and what are their qualifications ? 

6. What notice must the Sheriff give, and what oath 
are the officers of election required to take ? 

7. When are the polls opened and closed ? 

8. Describe the manner of voting. 

9. What voters are sworn ? 

10. What are the duties of the officers of election ? 

11. Who constitutes the board to examine the poll- 
books, and what are their duties and what restrictions are 
placed upon them ? 

12. Who gathers the poll-books together, and what is 
done with them ? 

13. When does the board to examine poll-books meet, 
and what do they do with the poll-books ? 

14. What certificates are made out by the board to ex- 
amine poll-books ? 

15. What is done with these certificates? 

16. How is the result determined when two or more 
counties vote together in the choice of a Representative 
or Senator? 

17. Who constitutes the board to examine the returns 
of election for State officers, Congressional candidates, 
Presidential electors, Circuit Judges and Commonwealth's 
Attorneys ? 

18. What is the duty of the board to examine returns ? 

19. What certificates does this board make out, and to 
whom are they sent ? 



CHAPTER XIII. 



CIVIL GOVERNMENT OF THE STATE. 



OUTLINE. 

* 

Legislative, General Assembly { f^" of Representatives. 
' Governor. 

Lieutenant-Governor. 

Secretary of State. 

Treasurer. 

Auditor of Public Accounts. 

Register of the Land Office. 

Attorney -General. 

Superintendent of Public Instruction. 

Board of Education. 

Board of Equalization. 

Board of Internal Improvements. 
t Officers Appointed by the Governor. 



Executive - 



Judicial 



T Court of Appeals. 

I Superior Court. 

1 Clerk of Court of Appeals. 

( Reporter of Court of Appeals. 



LEGISLATIVE DEPARTMENT. 



2^2. The legislative power shall be vested in a House 

how vested, of Representatives and Senate, which, together, 
shall be styled the General Assembly of the Common- 
wealth of Kentucky. 

263. The number of Representatives shall be one 
hundred, and the number of Senators, thirty-eight, and 

Numbered ^^ R e p resen tative shall serve for the term of 
two years, and each Senator for the term of four years 
from the day of the general election. 

(223) 



224 . CIVIL GOVERNMENT 

264 No person shall be a Representative who, at the 
time of his election, is not a citizen of the United States, 

Qualifications has not attained the age of twenty-four years, 

sentatlvls. an( l who has not resided in the State two years 
next preceding his election, and the last year thereof 
in the county, town or city for which he may be chosen. 

265. Representation shall be equal and uniform in the 
Commonwealth, and shall be forever regulated and 
ascertained by the number of qualified voters therein. 

Ap S? n ' In the year 1850, again in the year 1857, and 
every eighth year thereafter, an enumeration of all the 
qualified voters of the State shall be made ; and to secure 
uniformity and equality of representation, the State is 
laid off into ten ^districts. The number of Representa- 
tives shall, at the several sessions of the General Assem- 
bly next after the making of the enumerations, be appor- 
tioned among the ten several districts according to the 
number of qualified voters in each; and the Representa- 
tives shall be apportioned, as near as may be, among the 
counties, towns, and cities in each district. 

*The counties composing each of the Representative districts 
as apportioned by the Constitution are as follows : 

First District. — Fulton, Hickman, Ballard, McCracken, Graves, 
Calloway, Marshall, Livingston, Crittenden, Union, Hopkins, 
Caldwell, arid Trigg. 

Second District. — Christian, Muhlenburg, Henderson, Daviess, 
Hancock, Ohio, Breckenridge, Meade, Grayson, Butler, and 
Edmonson. 

Third District. — Todd, Logan, Simpson. Warren, Allen, Mon- 
roe, Barren, and Hart. 

Fourth District. — Cumberland, Adair, Green, Taylor, Clinton, 
Russell, Wayne, Pulaski, Casey, Boyle, and Lincoln. 

Fifth District. — Hardin, Larue, Bullitt, Spencer, Nelson, Wash- 
ington, Marion, Mercer, and Anderson. 

Sixth District. — Garrard, Madison, Estill, Owsley, Rockcastle, 



OF THE STATE OF KENTUCKY. 225 

266. No person shall be a Senator who, at the time of 
his election, is not a citizen of the United States, has not 

Q of a sen c a£r attained the age of thirty years, and who has not 
resided in the State six years next preceding his election, 
and the last year thereof in the district for which he may 
he chosen. 

267. At every apportionment of representation, the 
State shall be laid off into thirty-eight Senatorial districts, 
S por a tionment: which shall be so formed as to contain, as near 
as may be, an equal number of qualified voters, and so 
that no county shall be divided in the formation of a 
Senatorial district, except such county shall be entitled, 
under the enumeration, to two or more Senators ; and 
where two or more counties compose a district, they shall 
be adjoining. 

268. The General Assembly shall convene at the seat of 
Government on the first Monday in November, 1851, and 

sessions, on the same day of every second year thereafter, 
unless a different time be appointed by law. No session 
of the General Assembly shall continue beyond sixty 
days, except by a vote of two-thirds of all the members 
elected to each House. 

269. The members of the General Assembly shall sev- 
erally receive from the public treasury a compensation for 

Laurel, Clay, Whitley, Knox, Harlan, Perry, Letcher, Pike, Floyd, 
and Johnson. 

Seventh District — Jefferson, Oldham, Trimble, Carroll, Henry, 
and Shelby and the city of Louisville. 

Eighth District. — Bourbon, Fayette, Scott, Owen, Franklin, 
Woodford, and Jessamine. 

Ninth District. — Clark, Bath, Montgomery, Fleming, Lewis, 
Greenup, Carter, Lawrence, Morgan, and Breathitt. 

Tenth District. — Mason, Bracken, Nicholas, Harrison, Pendle- 
ton, Campbell, Grant, Kenton, Boone, and Gallatin. 



226 CiyiL GOVERNMENT 

^member" 11 their services of three dollars a day during their 
attendance on, and twelve and one-half cents per mile for 
the necessary travel in going to and returning from the 
sessions of their respective Houses. The salary and mile- 
age may he increased or diminished hy law ; but no alter- 
ation shall take effect during the session at which such 
alteration shall be made. 

270. The members of the General Assembly shall in 
all cases, except treason, felony, breach or surety of the 
peace, be privileged from arrest, during their attendance 

P mIlS. of at the sessions of their respective Houses, and in 
going to and returning from the same; and for any 
speech or debate, in either House, they shall not be 
questioned in any other place. 

271. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher of any religi- 

meiigibiiity ous persuasion, society, or sect, nor while he 
membership, holds or exercises any office of profit under this 
Commonwealth, or under the Government of the United 
States, shall be eligible to the General Assembly, except 
attorneys-at-law, Justices of the Peace, and militia officers. 
Attorneys for the Commonwealth, who receive a fixed 
annual salary, shall be ineligible. 

272. No Senator or Representative shall, during the 
term for which he was elected, nor for one year thereafter, 
ineligibility of be appointed or elected to any civil office of 

members to 

other offices. p ro fit under this Commonwealth which shall 
have been created, or the emoluments of which shall 
have been increased during the said term, except to such 
offices or appointments as may be filled by the election of 
the people. 



OF THE STATE OF KENTUCKY. 227 

273. Not less than a majority of the members of each 
House of the General Assembly shall constitute a quorum 

Quomm. to do business ; but a smaller number may 
adjourn from day to day, and shall be authorized by law 
to compel the attendance of absent members in such 
manner, and under such penalties as may be prescribed 
thereby. 

274. Each House of the General Assembly shall judge 
Election of the qualifications, elections, and returns of its 

members ; but a contested election shall be determined 
in such manner as shall be directed by law. 

275. Each House of the General Assembly may deter- 
mine the rules of its proceedings, punish a member for 

pu R nfsii s m a e n n d ts. disorderly behavior, and, with the concurrence 
of two-thirds, expel a member, but not a second time for 
the same cause. 

276. With the exception of the Speaker of the Senate, 
who is the Lieutenant-Governor, elected by the people, 

officers, each House has the power to elect its own offi- 
cers. The Senate can, however, elect a Speaker pro tempore 
to take the place of the Lieutenant-Governor if he is called 
to the Governor's chair. The House of Representatives 
elects its own Speaker and other officers. 

277. Each House of the General Assembly shall keep 
and publish, weekly, a journal of its proceedings ; and the 

journal, yeas and nays of the members, on any question, 
shall, at the desire of any two of them, be entered on 
their journal. 

278. Neither House, during the session of the General 
Assembly, shall, without the consent of the other, adjourn 
Adjournment, for more than three days, nor to any other place 
than that in which they may be sitting. 



228 CIVIL GOVERNMENT 

279. No bill shall have the force of a law, until, on 
three several days, it be read over in each House of the 
Bins. General Assembly, and free discussion allowed 
thereon; unless, in cases of urgency, four-fifths of the 
House where the bill shall be depending may deem it 
expedient to dispense with this rule. All bills for raising 
revenue shall originate in the House of Kepresentatives. 
The Senate may propose amendments, as in other bills, 
but they shall not introduce any new matter, under color 
of amendment, which does not relate to raising revenue. 
Every bill which shall have passed both Houses shall be 
presented to the Governor. If he approve, he shall sign 
it; but if not, he shall return it, with his objections, to 
the House in which it originated, who shall enter the 
objections at large upon their journal, and proceed to re- 
consider it. If, after such reconsideration, a majority of 
all the members elected to that House shall agree to pass 
the bill, it shall be sent, with the objections, to the other 
House, by which it shall likewise be considered, and if 
approved by a majority of all the members elected to 
that House, it shall be a law ; but, in such cases, the votes 
of both Houses shall be determined by yeas and nays, 
and the manner of the members voting for and against 
the bill shall be entered upon the journals of each House 
respectively. If any bill shall not be returned by the 
Governor within ten days (Sundays excepted), after it 
shall have been presented to him, it shall be a law in 
like manner, as if he had signed it, unless the General 
Assembly, by their adjournment, prevent its return ; in 
which case it shall be a law, unless sent back within three 
days after their next meeting. No law enacted by the 



OF THE STATE OF KENTUCKY. 229 

General Assembly shall relate to more than one subject, 
and that shall be expressed in the title. 

280. The House of Representatives shall have the sole 
power of impeachment. All impeachments shall be tried 

ln S h " by the Senate. When sitting for that purpose, 
the Senators shall be upon oath or affirmation. No per- 
son shall be convicted without the concurrence of two- 
thirds of the members present. The Governor and all 
civil officers shall be liable to impeachment for any mis- 
demeanor in office; but judgment in such cases shall not 
extend further than to removal from office and disquali- 
fication to hold any office of honor, trust, or profit under 
this Commonwealth ; but the party convicted shall, never- 
theless, be subject and liable to indictment, trial, and 
punishment by law. 

281. The Legislature which shall be chosen next pre- 
ceding the expiration of the time for which any Senator 

r E s! c sl n n a°o f r. was elected to represent this Commonwealth in 
Congress, shall, on the second Tuesday after the meeting 
and organization thereof, proceed to elect a Senator in 
Congress in place of such Senator going out of office, in 
the following manner : Each House shall openly, by a 
viva voce vote of each member present, name one person 
for Senator in Congress from said State ; and the name of 
the person so voted for, who shall have a majority of the 
whole number of votes cast in each House, shall be en- 
tered on the journal of each House by the Clerk or Sec- 
retary thereof; but if either House shall fail to give such 
majority to any person on said day, that fact shall be 
entered on the journal. At 12 o'clock, meridian, of the 
day following that on which proceedings are required to 
take place, as aforesaid, the members of the two Houses 



230 CIVIL GOVERNMENT 

shall convene in joint assembly and the journal of each 
House shall be read ; and if the same person shall have 
received a majority of all the votes in each House, such 
person shall be declared duly elected Senator to represent 
said State in the Congress of the United States; but if the 
same person shall not have received a majority of the 
votes in each House, or if either House shall have failed 
to take proceedings as required by this act, the joint 
assembly shall then proceed to choose, by a viva voce vote 
of each member present, a person for the purpose afore- 
said ; and the person having a majority of all the votes of 
said joint assembly, a majority of all the members elected 
to each House being present and voting, shall be declared 
duly elected; and in case no person shall receive any such 
majority on the first day, the joint assembly shall meet at 
12 o'clock, meridian, of each succeeding day during the 
session of the Legislature, and take at least one vote until 
a Senator shall be elected. 

282. When experience shall point out the necessity of 
amending the Constitution, and when a majority of all 
Amendments the members elected to each House of the General 

to the 

constitution. Assembly shall, within the first twenty days of 
any regular session, concur in passing a law for taking 
the sense of the good people of the Commonwealth, as to 
the necessity and expediency of calling a convention, it 
shall be the duty of the several Sheriffs and other officers 
of elections, at the next general election which shall be 
held for Representatives to the General Assembly, after 
the passage of such law, to open a poll for, and make 
return to the Secretary of State, for the time being, of the 
names of all those entitled to vote for Representatives who 
have voted for calling a convention ; and if, thereupon,- 



OF THE STATE OF KENTUCKY. 231 

it shall appear that a majority of all the citizens of the 
State, entitled to vote for Representatives, have voted for 
calling a convention, the General Assembly shall, at their 
next regular session, direct that a similar poll shall be 
opened and return made for the next election for Repre- 
sentatives; and if, thereupon, it shall appear that a major- 
ity of all the citizens of the State entitled to vote for 
Representatives have voted for calling a convention, the 
General Assembly shall, at their next session, pass a law 
calling a convention, to consist of as many members as 
there shall be in the House of Representatives and no 
more, to be chosen on the first Monday in August there- 
after, in the same manner and proportion, and at the same 
places, and possessed of the same qualifications of a qual- 
ified elector, by citizens entitled to vote for Representa- 
tives, and to meet within three months after their election 
for the purpose of readopting, amending, or changing the 
Constitution ; but if it shall appear by the vote of either 
year, as aforesaid, that a majority of all the citizens entitled 
to vote for Representatives did not vote for calling a con- 
vention, a convention shall not then be called. And for 
the purpose of ascertaining whether a majority of the 
citizens entitled to vote for Representatives did or did not 
vote for calling a convention, as above, the General Assem- 
bly passing the law authorizing such vote shall provide 
for ascertaining the number of citizens entitled to vote 
for Representatives within the State. 

REVIEW QUESTIONS. 

1. What are the three departments of Government? 

2. Name the various officers in each department. 



232 CIVIL GOVERNMENT 

3. In what is the State legislative power vested? 

4. How many Senators and Representatives are 
there? 

5. What is the length of the term of a Senator? Of 
a Representative? 

6. What are the qualifications of a Representative? 

7. How are Representatives apportioned? 

8. What are the qualifications of a Senator? 

9. How are Senators apportioned ? 

10. When, where and for how long are the sessions of 
the General Assembly held ? 

11. What is the compensation of the members of the 
General Assembly? 

12. What counties comprise the Senatorial District in 
which you live? 

13. Who is Senator from this district at present? 

14. How many Representatives has this county? 

15. Name the present Representatives from this county 
or district. 

16. What privileges have members of the General 
Assembly ? 

17. Who are ineligible to membership in the General 
Assembly ? 

18. To what offices are members of the General As- 
sembly ineligible ? 

19. What constitutes a quorum in the General As- 
sembly ? 

20. What can less than a quorum legally do ? 

21. What power has each House over contested seats ? 

22. What power has each House in regard to rules 
and punishments ? 

23. Name the officers of each House. 

24. Which of these officers is elected by the people ? 

25. Who is the Speaker of the House of Representa- 
tives at present ? 

26. Who is the present Speaker of the Senate? 

27. What is said of keeping a journal in each House? 

28. What provision is made regarding adjournment? 



OF THE STATE OF KENTUCKY. 233 

29. What is a bill? 

30. In what ways may a bill become a law? 

31. When do bills become laws ? 

32. Where must bills for raising revenue originate ? 

33. What is necessary after a bill has passed both 
Houses before it becomes a law? 

34. How may a bill become a law. without the Gov- 
ernor's signature ? 

35. What is said in regard to the subject matter and 
title of a bill? 

36. What is impeachment ? 

37. Who may be impeached by the General Assembly ? 

38. How many members does it take to convict ? 

39. What are the causes, and what the penalty of im- 
peachment ? 

40. Explain how United States Senators are elected. 

41. W^ho are the present United States Senators from 
Kentucky ? 

42. Explain how the Constitution may be amended. 

43. In what Congressional District do you live ? 

44. What counties compose your district? 

45. Who is the present Congressman from that district? 



CHAPTER XIV. 

EXECUTIVE DEPARTMENT. 

Governor. 

283. The supreme executive power of the Common- 
E power! e wealth shall be vested in a Chief Magistrate, 

who shall be styled the Governor of the Commonwealth 

of Kentucky. 



234 CIVIL GOVERNMENT 

284. The Governor shall be elected by the qualified 
voters of the State at the time when and places where they 

Election, shall respectively vote for Representatives. The 
person having the highest number of votes shall be Gov- 
ernor ; but if two or more shall be equal and highest in 
votes, the election shall be determined by lot, in such 
manner as the General Assembly may direct. 

285. The Governor shall be elected for the term of four 
Term, years, and he shall be ineligible for the succeeding 

four years after the expiration of the term for which he 
shall have been elected. 

286. He shall be at least thirty-five years of age and a 
Q u a ons? a ' citizen of the United States, and have been an 

inhabitant of the State at least six years next preceding 
his election. 

287. He shall commence the execution of the duties of 
his office on the fifth Tuesday succeeding the day of the 

jSfS- general election on which he shall have been 

initiation of, i i -n j • > ,i , • 

service, chosen, and snail continue in the execution 
thereof until his successor shall have taken the oaths or 
affirmations prescribed by the Constitution. 

288. No member of Congress, or person holding any 
ineligibility, office under the United States, or minister of 

any religious denomination shall be eligible to the office 
of Governor. 

289. The Governor shall, at stated times, receive for his 
services a compensation, which shall be neither increased 

compensa- nor diminished during the term for which he 
was elected. His salary at present is five thousand dol- 
lars per annum. 

290. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeach- 



OF THE STATE OF KENTUCKY. 235 

powers, merit. In cases of treason he shall have power 
to grant reprieves until the end of the next session of the 
General Assembly, in which the power of pardoning shall 
be vested ; but he shall have no power to remit the fees 
of the Clerk, Sheriff, or Commonwealth's attorney in 
penal or criminal cases. 

291. He shall be commander-in-chief of the army and 
navy of the Commonwealth, and of the militia thereof, 

powers! except when they shall be called into the service 
of the United States ; but he shall not command person- 
ally in the field, unless advised so to do by a resolution of 
the General Assembly. 

292. He shall have power to fill vacancies that may 
vacancies, occur by granting commissions which shall ex- 
pire when such vacancies shall have been filled according 
to the provisions of the Constitution. 

293. He shall, from time to time, give to the General 
Message. Assembly information of the state of the Com- 
monwealth, and recommend to their consideration such 
measures as he may deem expedient. 

294. He may, on extraordinary occasions, convene the 
General Assembly at the seat of government, or at a dif- 
May convene or ferent place if that should have become, since 
erai Assembly, their last adjournment, dangerous from an en- 
emy or from contagious disorders; and in case of dis- 
agreement between the two Houses with respect to the 
time of adjournment, he may adjourn them to such time 
as he may think proper, not exceeding four months. 

295. He shall take care that the laws be faithfully exe- 
cuted. He may, also, require information in writing, 

G duty al from the officers in the executive department, 



236 CIVIL GOVERNMENT 

upon any subject relating to the duties of their respective 
offices. 

Lieutenant- Governor. 

296. A Lieutenant-Governor shall be chosen at every 
Election, re g U i ar election for Governor, in the same man- 
ner, to continue in office for the same time. He must 
possess the same qualifications as the Governor. 

297. He shall, by virtue of his office, be Speaker of the 
Duties. Senate; have a right, when in committee of the 

whole, to debate and vote on all subjects, and when the 
Senate is equally divided, to give the casting vote. 

298. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the 

Z Governor. State, the Lieutenant-Governor shall exercise all 
the power and authority pertaining to the office of Gov- 
ernor, until another be duly elected and qualified, or the 
Governor absent or impeached shall return or be acquitted. 

299. The Lieutenant-Governor, or Speaker pro tempore of 
the Senate, while he acts as Speaker of the Senate, shall 

compensa- rece i ve f or hj s services the same compensation 
which shall, for the same period, be allowed to the Speaker 
of the House of Representatives, and no more ; and dur- 
ing the time he administers the government as Governor, 
shall receive the same compensation which the Governor 
would have received had he been employed in the duties 
of his office. 

Secretary of State. 

300. The Governor shall nominate, and, by and with 
the advice and consent of the Senate, appoint a Secretary 

me^etc. of State, who shall be commissioned during the 
term for which the Governor was elected, if he shall so 
long behave himself well. 



OF THE STATE OF KENTUCKY. 237 

301. He shall keep a fair register and attest all the offi- 
cial acts of the Governor, and shall, when required, lay 

Duties, the same, and all papers, minutes and vouchers 
relative thereto, before either House of the General Assem- 
bly, and shall perform such other duties as may be required 
of him by law. 

302. The Secretary of State, with the assent of the 
Governor, may appoint an assistant Secretary, who, in 

Assistant, case of the absence or indisposition of the prin- 
pal, may do the business of his office in his name ; and 
the Secretary shall be responsible for the acts of such 
Assistant. 

303. The Secretary of State must reside at the seat of 
M S ase£! Government; and he shall provide and keep the 

seal of the Commonwealth. 

304. He shall, at the close of each session of the General 

Assembly, inspect the papers and documents which 

Examination rema j n w ith the unfinished business, and care- 

p of S papers° n fully file in his office such as he considers worthy 

of preservation, with proper labels affixed thereto, desig- 
nating the session to which the same belong. 

305. He shall have the custody of the books, records, 
deeds, maps and papers belonging to his office, or that 

ofbo u ok°fetc. may be deposited therein, and shall arrange and 
preserve the same. Copies of records and papers in his 
office, certified by him, shall, in all cases, be evidence 
equally with the originals. 

306. The salary of the Secretary of State is fifteen hun- 
compensa- d^ d n ars p er year, to be paid monthly out of 

the Treasury. 



238 CIVIL GOVERNMENT 

Treasurer of State. 

307. The Treasurer of State is elected by the qualified 
Election, etc. voters of the State for the term of two years from 

the first Monday in January next succeeding his election. 

308. He shall, on or before the first Monday in January 
next succeeding his election, take the oaths of office, and 

0a bond an,i execute bond, with surety worth at the time, 
jointly or severally, three hundred thousand dollars, to be 
approved by the Governor, and filed in the office of the 
Secretary of State, stipulating for the faithful discharge 
of the duties of his office. 

309. No person shall be elected or appointed Treasurer 
unless he be a citizen of the United States, at least twenty- 

Ql ti2 a " four years of age, nor unless he has resided 
within the State of Kentucky two years next preceding 
his election or appointment. 

310. The Treasurer shall reside and keep his office at 
the seat of government. He shall receive and safely keep 

Duties, in the Treasury all money due or payable to the 
Commonwealth from collectors of revenue, public officers, 
and others, when tendered, accompanied by the permit of 
the Auditor of Public Accounts, stating the amount to 
be received, on what account, and from whom to be re- 
ceived. He shall immediately make out a receipt for the 
amount received, and for what, and of whom received, 
and deliver it to the Auditor, who shall, in like manner, 
give a receipt to the officer or person paying the same. 
He shall pay out no money from the treasury, even though 
the Auditor issues a warrant therefor, unless the law 
under which the same may be claimed expressly directs 
and orders that the money shall be paid out of the public 



OF THE STATE OF KENTUCKY. 239 

treasury. He shall not receive into or pay out any money 
from the Treasury, except upon the certificate or warrant 
of the Auditor. 

311. The Salary of the Treasurer of State is two 
compensa- thousand four hundred dollars per year. 

Auditor of Public Accounts. 

312. The Auditor of Public Accounts is elected by the 
Election, etc. qualified voters of the State, at the general elec- 
tion, for the term of four years from the first Monday in 
January next succeeding his election. 

313. He shall, on or before that day, take the oaths of 
office, and execute bond to the Commonwealth, with surety 

0a b t ond and worth at the time, jointly or separately, two 
hundred thousand dollars, to be approved by the Gover- 
nor, and filed in the office of Secretary of State, condi- 
tioned for the faithful discharge of the duties of his office. 

314. No person shall be elected or appointed Auditor 
of Public Accounts who is not at the time over the age 

Qu t a o 1 n fi s! a " of twenty-four years, nor unless he shall have 
been a citizen of the United States, and also a resident of 
the Commonwealth of Kentucky, at least two years next 
preceding the period of his election or appointment. 

315. The Auditor and his assistant shall reside and keep 
his office at the seat of Government. The Auditor shall 

Duties, keep an account of all claims of debt or credit 
which may exist between the general Government and 
this State, and between this State and any other State. 
He shall keep an account between the Commonwealth 
and all her civil officers whose salary or wages are payable 
out of the Treasury ; the compensation to members of 



240 CIVIL GOVERNMENT 

the General Assembly and the officers thereof, an account 
of which is to be kept in separate books by the Clerk of 
each House, certified and deposited with the Auditor. 
The Auditor shall keep a separate account of all taxes col- 
lected, so as to exhibit the amount collected under each 
law. He shall keep a correct list of all balances due by 
the Commonwealth to individuals, and by individuals to 
the Commonwealth, and report the same to the General 
Assembly at every regular session thereof; and he shall 
also report to the General Assembly, when required, all 
and any information connected with the business of his 
office. He shall grant written authority to the Treasurer 
to receive money from public officers, or other persons, due 
to the Commonwealth, stating the person, the amount to 
be paid in, and on what account paid, and charge the 
same to the Treasurer, in an appropriate book, under its 
proper head. 

. 316. He shall keep the accounts of his office so that 
they will truly and clearly exhibit the amount of all 

Records, moneys paid into the Treasury, by whom, and 
for what account paid ; and also, in like manner, exhibit 
the amount of public expenditures, and each item therefor. 
He shall keep an accurate account in books of all war- 
rants and certificates by him drawn or issued, showing in 
due succession the date, number and amount of the war- 
rant, for what, and to whom issued. The books and papers 
of his office shall at all times be subject to the inspection 
of the Governor. 

317. The Auditor, on or before the sixth day of every 
regular session of the General Assembly, shall faithfully 

Reports, report the annual income and expenses of the 
Government for the two years preceding the tenth of 



■ OF THE STATE OF KENTUCKY. 241 

October of each year, in such a manner as to exhibit the 
sources of the income, and objects of expenditure, in 
detail and in the aggregate ; and also an estimate of the 
revenue and expenditures for each of the succeding two 
years, commencing and ending the fiscal year on the tenth 
day of October. He shall report all deficiencies of reve- 
nue to meet the expenditure of government; and also a 
statement of all sums due the Commonwealth, when, for 
what, and from whom due. The Auditor shall, when 
required, furnish the Governor any information in his 
power concerning the condition of the Treasury, the state 
of the public finances, and such other information con- 
cerning the business of his office which the good of the 
public service may demand. 

318. The Auditor shall receive an annual salary of 
compensa- twenty-five hundred dollars, payable monthly at 

the Treasury, upon the requisition of the Governor. 

Register of the Land Office. 

319. The Register of the Land Office is elected by the 
Election, etc. qualified voters of the State, at the general elec- 
tion, for the term of four years. 

320. The Register of the Land Office shall, before en- 
tering upon his duties, execute to the Commonwealth a 

Bond, i covenant with two or more sureties, to be approved 
by the Governor, worth at least ten thousand dollars, 
which covenant shall be conditioned for the faithful dis- 
charge of all the duties of his office, and which shall be 
deposited in the office of the Auditor of Public Accounts. 

321. The Land Office shall be under the care and con- 
trol of the Register, who may, from time to time, appoint 

Dutie*. not more than two deputies to aid him therein. 



242 CIVIL GOVERNMENT 

He shall deliver to the owner any land warrant in his 
office only partially appropriated, with an indorsement 
showing how much remains to be appropriated. All fees, 
including that for issuing the patent, shall be paid on 
filing a survey to the Register, and he shall pay the same 
to the Treasurer. He shall not suffer any of the books or 
papers of his office to pass into the hands of any unau- 
thorized person, nor shall he permit any one but his depu- 
ties to have access thereto. 

322. The Register shall report to the Governor on or 
before the tenth day of October of each year, the number 

Eeports. of patents issued and copies supplied, and the 
amount of the fees received therefor and paid over to the 
Treasurer, and take his receipt therefor, and publish the 
same, with his report, to the Governor. 

323. The Register of the Land Office shall receive a 
compensa- sa i arv f i w0 thousand dollars per year, to be paid 

monthly out of the treasury. 

Superintendent of Public Instruction. 

324. A Superintendent of Public Instruction shall be 
Election, etc. elected by the qualified voters of the Common- 
wealth at the same time the Governor is elected, who shall 
hold his office for four years. 

325. He shall take the oath and enter upon the duties 
oath, etc. of his office on the first Monday succeeding the 

inauguration of the Governor. 

326. He shall keep his office at the seat of Government 
in such suitable buildings as may be provided, and shall 

Duties, devote his entire time and attention to the duties 
of his office. He has general supervision of the common 
schools. He may, from time to time, visit each year any 



OF THE STATE OF KENTUCKY. 243 

and different portions of the State for the purpose of in- 
vestigating and directing the operations of the common 
school system, and promoting, by addresses or otherwise, 
the cause of popular education. He shall keep an account 
of all the orders drawn or countersigned by him on the 
Auditor, of all the returns of settlements and of all 
changes in the office of County Superintendent, which 
shall be furnished to the Auditor whenever required. He 
shall prepare suitable blanks for reports, registers, certifi- 
cates, notices and such other official documents as may 
be provided for by law, and shall cause the same, with 
such instructions and information as he may deem neces- 
sary to a proper understanding and use of them, to be 
transmitted to the officers and persons intrusted with the 
execution of the provisions of the school law. It shall be 
his duty to report any habitual neglect of duty, or any 
misappropriation of common school funds on the part of 
any of the county superintendents or trustees of common 
schools in the Commonwealth. 

327. He shall, biennially, on or before the meeting of 
the General Assembly, make report of the condition, 

Reports, progress, and prospects of the common schools; 
the amount and condition of the school fund; how its 
revenue for the two preceding school years had been dis- 
tributed; the amount produced and disbursed for com- 
mon school purposes from local taxation or other sources, 
and how and for what the same was expended; an ab- 
stract of the county superintendents' reports; the prac- 
tical workings of the common school system of the State, 
with suggestions as to any alterations it may require ; all 
of which, together with such other facts, statistics, and 
information, as may be deemed of interest to be known, 



244 CIVIL GOVERNMENT 

he shall deliver to the Public Printer, and cause to be 
printed a copy for each school district in the State, three 
hundred and fifty copies for the use of the members of 
the Legislature and for exchange with the Superintend- 
ents of Public Instruction of other States, and five hun- 
dred copies for distribution by the Superintendent as he 
thinks best. The Superintendent, in his report, shall set 
forth the objects, methods of admission, etc., to the insti- 
tions for the blind, the deaf and dumb, and the feeble- 
minded; and, to aid him in his work, the superintend- 
ents of those institutions shall be required, annually, by 
the first day of September, to furnish the Superintendent 
of Public Instruction with such a condensed statement 
of their respective institutions as it would be profitable 
to publish. 

328. He shall have published for annual distribution 
throughout the State, the general school laws of the State, 

school law. abstracts of the decisions of the Appellate Courts, 
and of the Attorney-General on points of school law, and 
construction thereof; and information and instructions 
in regard to application of the school law and the man- 
agement of the common schools. 

329. The Superintendent of Public Instruction shall, 
at the written request of any County Superintendent of 

Decisions, common schools, decide any question of differ- 
ence or doubt having reference to the interests of common 
schools in his county. The decisions of the Superin- 
tendent of Public Instruction shall, in such cases, be 
final, unless further appeal is promptly prosecuted from 
his decision to the State Board of Education within 
thirty days. 



OF THE STATE OF KENTUCKY. 245 

330. The salary of the Superintendent of Public 
compel- i ns t r uction shall be two thousand five hundred 

dollars per annum. 

State Board of Education. 

331. The Superintendent of Public Instruction, the 
Secretary of State, the Attorney-General, and their suc- 

Members. cessors in office, together with two professional 
teachers to be elected by them, shall be a body politic 
and corporate by the name and style of " The Board of 
Education for the State of Kentucky." 

332. The Superintendent of Public Instruction shall 
president, be president of the board, and, with two other 

members, may control its corporate action at any regular 
or called meeting of the board. 

333. The board shall meet on or before the 30th day 
Sing, of June and 30th day of December of each year ; 

and at other times upon the call of the president. 

334. The corporation may take, hold and dispose of 
real or personal estate for the benefit of the common 

Po Iuues nd schools of the State. The State Board of Edu- 
cation shall constitute a standing committee, who shall 
prepare rules, by-laws and regulations for the government 
of the common schools of the State, which shall be 
adopted and enforced under the authority and direction 
of the county school superintendents in all cases where 
the trustees shall fail to enforce the same ; shall, from 
time to time, select and recommend a proper course of 
study, and suitable lists of text-books for all the common 
schools of the State, from which lists the county super- 
intendents of the various counties shall adopt the books 



246 CIVIL GOVERNMENT 

to be used in their respective counties, which books shall 
not be changed oftener than once every five years. 

State Board of Equalization. 

335. The qualified voters of each Congressional district 
shall, at the election for Representatives in Congress elect 

Election, one of their number to serve as a member of 
the Board of Equalization, who shall hold his office for 
two years. 

336. Each member of said board, before entering upon 
oath, the duties of his office, shall take the oath or 

affirmation prescribed by the Constitution of the State. 

337. Said board shall assemble at the State capital on 
the tenth day of February, annually, and examine the 

Duties, assessments of property, assessed for taxation in 
the several counties of the State, as returned to the 
Auditor, and shall equalize the assessments as provided 
by law ; but said board shall not reduce the aggregate 
assessed valuation in the State ; neither shall it increase 
said aggregate valuation, except in such an amount as 
may be reasonably necessary to a just equalization. 

338. It shall be the duty of the secretary of said board, 
under the direction of the Auditor of Public Accounts, to 

Duties of compile the assessments received from the County 

Secretary in I" , 

vacation. Clerks into tabular statements, convenient for 
the use of the board ; which statements shall be submit- 
ted to the board on the first day . of its session in each 
year, or as soon thereafter as the board is organized. The 
secretary shall peform such duties in vacation as shall be 
assigned to him by the board. 

339. Each member of the board shall receive for his 
services the sum of five dollars per day during its sessions, 



OF THE STATE OF KENTUCKY. 247 

compensa. an( j ten cen t s per mile for each mile necessarily 
traveled in going to and returning from the seat of Gov- 
ernment, to be computed by the Auditor of Public Ac- 
counts, and no other allowance or emolument, directly or 
indirectly, for any purpose whatever, except the sum of 
ten dollars per session to each member, which shall be in 
full for postage, stationery, newspapers, and all other 
incidentals and perquisites. 

Commissioners of Sinking Fund. 

340. The Governor, the Secretary of State, the Attor- 
ney General, the Auditor and Treasurer of the Common- 
wealth shall, ex officio, constitute the commissioners of the 
" Sinking Fund of Kentucky," and by that name and 
style shall be a body corporate and politic, and may con- 
tract and be contracted with, sue and be sued, and do and 
perform all things necessary to execute the duties required 
and the powers vested in them by law. The funds, prop- 
erty, estate, revenues and income belonging to or set apart 
by law to the use of the Sinking Fund, shall be vested in 
and under the control and management of the said com- 
missioners, and it shall be their duty, by the means and 
income of said fund, to protect the credit of the State by 
a faithful and prompt application of the same to the pay- 
ment of interest and principal of the public debt when 
due. 

Officers Appointed by the Governor. 

341. The Governor, by and with the advice and con- 
sent of the Senate, shall appoint some suitable person, at 

state in- least thirty years of age, and possessing all the 
Examiner, qualifications of an elector of the State, as State 



248 CIVIL GOVEKNMENT 

Inspector and Examiner, who shall serve for the term of 
two years. He shall, before entering upon his duties, take 
an oath to faithfully and diligently perform the duties of 
said position, and execute bond with sufficient security 
in the sum of ten thousand dollars, for the faithful per- 
formance of his duties. It shall be the duty of said In- 
spector and Examiner, once in each year, to inspect and 
examine into the management, conduct, and condition of 
any and all asylums, prisons, feeble-minded, and elee- 
mosynary institutions, and public works owned or oper- 
ated by the State, or in which, or the conduct or manage- 
ment of which, the State has any financial interest, or in 
the management of which the State is vested by law with 
any power. It shall also be the duty of said Inspector 
and Examiner, once in each year, to fully and particularly 
examine into the management and condition of the Au- 
ditor's and Treasurer's office, and as to whether the laws 
regulating the official duties of said Auditor and Treas- 
urer are being fully complied with by them respectively, 
and all money received by them for the State is fully 
accounted for. He shall also have authority to investi- 
gate and examine into the conduct of any other officer in 
the Commonwealth, who is authorized to receive or col- 
lect any money due or going to the Commonwealth, or 
who has the management or control of any property be- 
longing to the State, or in which the State is interested, 
touching his official conduct thereupon. It shall also be 
the duty of said Inspector and Examiner, at any time the 
Governor may order him to do so, to forthwith make an 
investigation of any of the aforesaid offices or institu- 
tions or works, and report the result to the Governor. 
Said Inspector and Examiner shall receive three thousand 



OF THE STATE OF KENTUCKY. 249 

dollars per year and traveling expenses, payable monthly 
out of the treasury upon the warrant of the Auditor. An 
itemized account of the expenses, verified by oath, to be 
made before paid. 

342. The State Board of Pharmacy shall consist of 
seven persons, appointed by the Governor on the first 

state Board Monday in July of every third year. The said 
Pharmacy, board shall elect a president and secretary, both 
of whom shall sign all certificates and all other official 
documents. The board meets twice a year, on the second 
Thursday in January and second Thursday of July. 
The duties of said board shall be to examine all appli- 
cants for registration, to direct the registration by the 
registrar of all persons properly qualified or entitled 
thereto. The secretary of said board shall be registrar of 
pharmacists. The compensation of the members of the 
board is entirely in fees. 

343. The Governor shall appoint, by and with the 
advice and consent of the Senate, a commission consisting 

Railroad of three persons, one of whom shall be a resident 
sioners. f eacD . Superior Court district of the State, 
which shall be styled the " Railroad Commission." They 
hold office for two years, and must take an oath to faith- 
fully perform and discharge their duties without fear, 
favor or partiality. They meet annually at the office of 
the Auditor in Frankfort on the first day of September 
in each year. It is the duty of said board to inspect and 
examine the books and property of any railroad company 
to ascertain the value of its property, or to ascertain its 
mode of doing business. It is also their duty to see that 
every railroad company shall, on or before the first day 
of September in each year, make and transmit to the 



250 CIVIL GOVERNMENT 

commissioners, at their office in Frankfort, under oath of 
proper officers of the corporation, a full and true state- 
ment of the affairs of said corporation, as the same existed 
on the first day of the preceding July. Each commis- 
sioner shall receive for his services the sum of not exceed- 
ing two thousand dollars per annum, payable quarterly. 
344. The State Board of Health consists of six mem- 
bers, appointed by the Governor, and a secretary, elected 

S of Heai th rd by the members of the board. The secretary is 
the executive officer of the board. The board has general 
supervision over matters which concern the health and 
life of the citizens of the State. It makes inquiries into 
the causes of diseases and suggestions regarding their pre- 
vention and cure. They receive reports from the various 
health officers of the vital and sanitary statistics of the 
State. The secretary receives a salary fixed by the State 
Board of Health, payable quarterly. The other members 
of the board receive only their traveling and other neces- 
sary expenses while employed on the business of the 
board. 

345. The Bureau of Agriculture, Horticulture and Sta- 
tistics shall be under the control and management of one 
o? aSuK officer, who shall be known as the Commissioner 

and r sta"is u tics. of Agriculture, Horticulture and Statistics. He 
shall be appointed by the Governor, by and with the 
advice and consent of the Senate, and shall hold his office 
for the term of two years. He shall keep his office at the 
seat of Government, and take an oath and give bond for 
the faithful performance of his duties. The business and 
efforts of said Bureau shall be directed to the promotion 
of agriculture, horticulture, manufactures and other mat- 
ters provided for by law. The Commissioner shall, annu- 



OF THE STATE OF KENTUCKY. ,251 

ally, on the first of January, make out and compile a 
report, giving a general review of the agricultural, horti- 
cultural, mineral and industrial resources of the entire 
State, with brief notices of each county, and shall file the 
same with the Governor of the Commonwealth, who shall 
cause to be printed a sufficient number for general distri- 
bution. The salary of the Commissioner shall be two 
thousand dollars per year, to be paid monthly out of any 
money in the treasury not otherwise appropriated. 

346. Commissioners of Deeds are persons appointed 
and commissioned in other States and Territories for the 

erTJfDeid^ purpose of taking acknowledgments, affidavits, 
etc., to be used in this State. They are practically the 
same as Notaries Public, except that they live outside the 
State. 

347. The Governor shall nominate, and by and with 
the advice of the Senate appoint, as many Notaries Pub- 

p°ubuof he as to him may seem necessary, who shall hold 
their respective offices for the term of four years. The 
commission of the Governor, on making the appointment, 
must designate the limits within which the Notary is to 
act. Before a Notary acts, he must take an oath, in the 
County Court of his county, that he will honestly and 
diligently discharge his duties, and also execute a bond 
to that effect. Notaries Public have power to certify all 
acknowledgments of deeds or other legal papers, to ad- 
minister oaths, and to certify affidavits. Their compen- 
sation is in fees. 

REVIEW QUESTIONS. 

1. How, when, and for how long is the Governor 
elected? 



252 CIVIL GOVERNMENT 

2. What qualifications are necessary in order to 
become Governor? 

3. Who are ineligible to the office of Governor ? 

4. What is the Governor's salary ? 

5. What are his principal powers ? 

6. What is the military power of the Governor ? 

7. What are the powers of the Governor concerning 
vacancies ? 

8. What are the Governor's messages ? 

9. What power has he in regard to convening and 
adjourning the General Assembly ? 

10. What is his general duty ? 

11. Who is the present Governor of Kentucky ? 

12. Tell of the election, qualifications, duties and 
salary of the Lieutenant-Governor. 

13. When does he act as Governor ? 

14. Who is now Lieutenant-Governor ? 

15. How is the Secretary of State chosen, and for how 
long? 

16. What are his duties ? 

17. What is said of his Assistant ? 

18. What of his residence and seal ? 

19. What are his duties in regard to the preservation 
of documents and papers ? 

20. What is his salary ? 

21. Who is the Secretary of State ? 

22. Tell of the election and term of the Treasurer of 
State* 

23. What are his qualifications ? 

24. What are his duties ? 

25. What is his salary ? . 

26. Who is Treasurer of State now ? 



OF THE STATE OF KENTUCKY. 253 

27. Tell of the election and term of the Auditor of 
Public Accounts. 

28. What are his qualifications ? 

29. What are his principal duties ? 

30. What is said of the records of his office ? 

31. What of his reports ? 

32. What is his salary ? 

33. Who is now Auditor of Public Accounts ? 

34. Tell of the election and term of the Register of 
the Land Office. 

35. What are his principal duties ? 

36. What reports must he make ? 

37. What is his salary ? 

38. Who is the present Register of the Land Office ? 

39. Tell of the election and term of the Superintendent 
of Public Instruction. 

40. What are his duties ? 

41. What reports does he make ? 

42. What is his duty in regard to the distribution of 
the school law? 

43. What is said of his decisions ? 

44. What is his salary ? 

45. Who is now Superintendent of Public Instruction ? 

46. What officers comprise the State Board of Edu- 
cation ? 

47. Who is president of the board ? 

48. What is the time of meeting? 

49. What are their powers and duties ? 

50. Tell of the election and term of the members of 
the State Board of Equalization. 

51. What are their duties ? 



254 CIVIL GOVERNMENT 

52. Who is secretary of the board, and what are his 
duties ? 

53. What is the salary of the members ? 

54. Who is the member of the Board of Equalization 
from your Congressional district at present ? 

55. What officers comprise the Commissioners of the 
Sinking Fund ? 

56. What are their duties ? 

57. What officers are appointed by the Governor ? 

58. What are the qualifications, duties, and salary of 
the State Inspector and Examiner? 

59. How is the State Board of Pharmacy organized, 
and what are its duties ? 

60. What are the duties of the Railroad Commissioners? 

61. How are the members of the State Board of Health 
chosen, and what are their duties? 

62. What are the duties of the Commissioner of Agri- 
culture, Horticulture, and Statistics? 

63. Who are Commissioners of Deeds, and what are 
their duties ? 

64. How are Notaries Public appointed, and what 
powers have they? 

CHAPTER XV. 

JUDICIAL DEPARTMENT. 

348. The judicial power of the Commonwealth, both 
as to matters of law and equity, shall be vested in one 

v? s °tld. Supreme Court (to be styled the Court of Ap- 
peals), the courts established by the Constitution, and 
such courts, inferior to the Supreme Court, as the Gen- 
eral Assembly may, from time to time, erect and establish. 



OF THE STATE OF KENTUCKY. 255 

349. By the jurisdiction of a court, we mean the 
class of cases which it has the power to decide. A court 

dicdon. has original jurisdiction when the case may be 
begun in it; it has appellate jurisdiction when the case is 
brought up to it from a lower court; it has exclusive 
jurisdiction when it is the only court which has power to 
decide the case. 

350. Before a license shall be granted to any person to 
practice as an attorney-at-law, he shall obtain a certificate 

Attorneys, from the County Court of the county in which 
he resides that he is a person of honesty, probity and 
good demeanor, which may be granted from the personal 
knowledge of the County Judge. The applicant then 
files this certificate, together with his application for 
license, with the Clerk of the Court. The Court appoints 
two members of the bar to examine the applicant in his 
knowledge of the law, and if they, after due examination, 
deem him qualified, they will so certify over their signa- 
tures. This certificate, when indorsed by the Judge of 
the Court, becomes the attorney's license to practice in all 
the courts of the Commonwealth. He must also take an 
oath to faithfully perform his duties. No person con- 
victed of treason or felony shall be permitted to practice 
in any court as council or attorney-at-law. 

Court of Appeals. 

351. The Court of Appeals shall consist of four judges, 
any three of whom may constitute a court for the transac- 

judges. tion of business. For their election the State is di- 
vided into four districts, and one judge is elected from each 
district by the qualified voters therein. Their term is eight 



256 CIVIL GOVERNMENT 

years, and the salary of each is four thousand dollars per 
year. One judge retires at the end of every two years, 
and the retiring judge is Chief Justice for the last two 
years of his term of office. 

352. There shall be no terms of the Court of Appeals, 
but the Court shall be held every juridical day in each 

Terms, year, except in the months of July and August, 
if the same shall be necessary for the disposal of all the 
business upon the docket. The Court shall, by its own 
order, declare what shall be regarded as a term, or the 
commencement or end of a term, in order to conform to 
any law or rule of court requiring anything to be done 
before the commencement or after the end of a term, or 
within a certain number of terms, and said order shall be 
so framed as that there shall be two terms in each year. 

353. The Court of Appeals shall have appellate juris- 
diction only, which shall be co-extensive with the State, 

J Tio s n. ic " under such restrictions and regulations, not re- 
pugnant to the Constitution, as may, from time to time, 
be prescribed by law. 

Clerk of the Court of Appeals. 

354. The Clerk of the Court of Appeals is elected by 
Election, etc. the qualified voters of the State for a term of 

eight years. 

355. He must keep his office open during business 
hours ; preserve all records and books of the court; admin- 
Duties, ister oaths; attend all sessions of the Court in 

person or by deputy; sign, seal and issue all processes of 
the Court, and keep a complete record of all cases dis- 
posed of. 



OF THE STATE OF KENTUCKY. 257 

Sergeant of the Court of Appeals. 

356. The Sergeant is appointed by the judges of the 
men^ete. Court of Appeals for a term of four years. He 

gives bond for ten thousand dollars. His pay is three 
dollars per day and fees. 

357. He shall perform towards the Court of Appeals 
all the duties required by law from a Sheriff towards a 

Duties. Circuit Court, and for any breach or neglect of 
duty he shall be subject to the same fines and penalties as 
are prescribed by law against sheriffs for a like breach or 
neglect of duty. 

Reporter of the Court of Appeals. 

358. The Court of Appeals shall, biennially, appoint 
^ent.*" a Reporter of its decisions. The appointment 

must be entered upon its records. 

359. The Court will direct what decisions delivered by 
it are to be published, and the Reporter shall have the 

Duties, decisions of the Court printed in letters and on 
paper of proper size and of superior quality. The Repor- 
ter shall be allowed by the Commonwealth after the rate 
of one dollar and fifty cents for every one hundred pages 
of the decisions, tables, and indices so printed, if well 
bound in calf-skin, with full indices and marginal notes ; 
but the above price is to be paid for three hundred copies 
only ; and if a greater number is furnished, he shall be 
allowed, for the residue, the customary price at which the 
book is sold. 

Attorney- General. 

360. The Attorney-General is elected by the qualified 
Election, voters of the State at the general election for the 

term of four years. 



258 CIVIL GOVERNMENT 

361. It shall be the duty of the Attorney-General, 
upon the application of any executive or ministerial 

Duties, officer of this Commonwealth, to give such officer 
his opinion, in writing, touching any of the duties of his 
office ; and, when requested by any of the executive or 
State officers, to prepare proper drafts of contracts, obliga- 
tions, or other instruments of writing which may be 
required for public use. The Attorney-General shall 
attend, in behalf of the Commonwealth, to all cases in 
which she may be interested, whether in the Franklin 
Circuit Court, the Court of Appeals, or the Courts of the 
United States for the District of Kentucky ; and shall 
institute the proper procedure to coerce payment of all 
demands of the Commonwealth payable at the Treasury 
not discharged in proper time. 

362. The salary of the Attorney-General is five hundred 
^aZn 1 ?" dollars per year, and an additional compensation 

in fees. 

Superior Court. 

363. The Superior Court shall consist of three Judges, 
who shall have the same qualifications as are now required 

judges, by law for Judges of the Court of Appeals. Any 
two of them may constitute a court for the transaction of 
business. The State is divided into three districts, and 
one Judge is elected from each district by the qualified 
voters thereof. Their term of office is four years, and the 
salary of each is three thousand six hundred dollars per 
year. 

364. There shall be no terms of the Superior Court, 
but the Court shall be held every juridical day in each 

Terms, year, except in the months of July and August, if 
the same shall be necessary for the disposal of all the 



OF THE STATE OF KENTUCKY, 259 

business on the docket. The Superior Court shall, by its 
order, declare what shall be regarded as a term or the 
commencement or end of a term, in order to conform to 
any law or rule of Court requiring anything to be done 
before the commencement or after the end of a term, or 
within a certain number of terms, and said orders shall 
be so framed that there shall be two terms in each year. 

365. The Superior Court shall have original jurisdic- 
tion of escheats, and it shall have appellate jurisdiction 

dicYion. over the final orders and judgments of all other 
courts of the Commonwealth that the Court of Appeals 
now has, except where there is involved (1) the validity 
of a statute ; (2) the title to a freehold or right to a fran- 
chise ; (3) or in cases of felony; (4) the probate of a will ; 
(5) judgments for money or personal property, if the 
value in controversy be greater than $3,000, exclusive of 
interest and costs. 

366. The Clerk of the Court of Appeals shall be ex 
officio Clerk of the Superior Court. It shall be the duty 

office", of the Attorney-General to represent the* Com- 
monwealth of Kentucky in all cases pending in the 
Superior Court to which it is a party. 

367. The Court of Appeals shall have appellate juris- 
diction over the final orders and judgments of the Supe- 

Appeais. rior Court in all cases except the following : 1. 
Those for fines or for the recovery of money or personal 
property where the amount of the fine or the value in 
controversy is less than one thousand dollars, exclusive of 
interest and costs. 2. Those where the judgments of the 
lower court have been affirmed by the Superior Court 
without a dissenting vote. 



260 CIVIL GOVERNMENT 

REVIEW QUESTIONS. 

1. In what is the judicial power of the Common- 
wealth vested? 

2. What is meant by the jurisdiction of a court? 
Original jurisdiction? Appellate jurisdiction? Exclu- 
sive jurisdiction ? 

3. What is said of attorneys ? 

4. Of how many judges does the Court of Appeals 
consist ? 

5. How many constitute a quorum to transact busi- 
ness? 

6. How are they elected ? 

7. What is the length of their term of office ? 

8. What is the salary of each Judge ? 

9. Which Judge is Chief Justice ? 

10. How often and when does the Court of Appeals 
meet? 

11. In which district do you live ? 

12. Who is the present Supreme Judge from your dis- 
trict? 

13. Who are the judges from the other districts? 

14. What is said of the jurisdiction of the Court of 
Appeals ? 

15. How is the Clerk of the Court of Appeals elected ? 

16. What is the length of his term ? 

17. What are his duties ? 

18. Who is now Clerk of the Court of Appeals ? 

19. How is the Sergeant of the Court of Appeals 
elected ? 

20. What are his duties ? 

21. Who is the present Sergeant? 



OF THE STATE OF KENTUCKY. 261 

22. How is the Reporter of the Court of Appeals 
elected ? 

23. What are his duties? 

24. Who is now the Reporter of the Court of Appeals? 

25. How and for how long is the Attorney-General 
elected ? 

26. What are his duties ? 

27. What is his salary ? 

28. Who is the present Attorney -General ? 

29. Of how many judges does the Superior Court con- 
sist? 

30. How are they elected ? 

31. How long do they serve ? 

32. What is^ their salary ? 

33. In which district do you live ? 

34. Name the Superior Judge of your district. 

35. Name the Superior Judges of the other districts. 

36. How often and when does the Superior Court 
meet? 

37. What is said of its jurisdiction ? 

38. What is said of other officers of the Superior 
Court? 

39. What appeals may be taken from the decisions of 
the Superior Court, and to what court are they taken ? 



CHAPTER XVI. 



CIVIL GOVERNMENT OF THE COUNTY. 



OUTLINE. 



Civil Government 
of the County. 



^«™{&%L 



Executive ■ 



Judicial 



Sheriff. 

Coroner. 

Assessor. 

Jailer. 

Surveyor. 

County Superintendent. 

Circuit Court Clerk 

County Court Clerk. 

r Circuit Court. 
Court of Common Pleas. 
Criminal Court. 
Chancery Court. 
County Court. 
Quarterly Court. 
Court of Claims. 
Circuit Court Clerk. 
County Court Clerk. 
Commonwealth's Attorney. 
County Attorney. 
Sheriff. 



368. The State of Kentucky is divided into one hun- 
dred and eighteen counties. These have the same officers 

counties, and are governed in the main by the same laws. 
The county seat of a county is a town located generally 
as near the center of the county as is convenient. The 
courts of the county meet here ; the court house, jail and 
offices of the various county officers are located here. 

(262) 



OF THE STATE OF KENTUCKY. 263 

LEGISLATIVE DEPARTMENT. 

County Court and Court of Claims. 

369. To a certain extent the County Court and Court 
of Claims are legislative bodies. They make certain levies 

L SS£T" of taxes and have charge of certain county affairs. 
Their duties, however, are principally of a judicial char- 
acter, and will be discussed under that head. 

EXECUTIVE DEPARTMENT. 

Sheriff. 

370. The Sheriff is elected by the qualified voters of 
the county for the term of two years, and he is not eligi- 
Kiection, etc. ble for more than two terms in succession. He 

takes an oath and gives bond for the faithful performance 
of his duty. 

371. Every Sheriff may, by and with the approval of 
the Court, appoint his own deputies, and may revoke the 

andZues. appointment at his own pleasure. The Sheriff 
is responsible for the acts of his deputies. The Sheriff, by 
himself or deputies, shall execute and make due return 
of all notices and all processes which come to and may be 
lawfully executed by him, against any person or property 
in his county. It shall be his duty and the duty of his 
deputies to receive and collect fines and forfeitures, and 
all officers' fees listed with him. It shall be the duty of 
each Sheriff, by himself or his deputies, to execute all 
persons condemned to be hung, and to convey all persons 
to the penitentiary condemned to confinement therein, 
and to execute the sentence of the court in other criminal 



264 CIVIL GOVERNMENT 

and penal cases. He shall, by himself or deputies, attend 
and keep order in the Circuit, County and Quarterly Court, 
and the Court of Claims of his county. He shall obey the 
orders of said courts. 

372. The pay of the Sheriff is in fees, varying according 
c s °adon n " to the amount of business transacted. 

Coroner. 

373. The Coroner is elected for the term of four years, 
Election, etc. or to serve as long as the County Judge serves. 

He shall take an oath and give bond for the faithful 
performance of his duties. 

374. It shall be the duty of the Coroner, upon request, 
to hold an inquest upon the body of any person slain, 

Duties, drowned, or otherwise suddenly killed, or where 
any house be broken. His jury shall be composed of six 
good and lawful housekeepers of the county, summoned 
and sworn by himself, who upon their oaths, shall inquire 
and say, in writing, if they know in what manner the 
person came to his death, or the house broken; when, 
where, how, and by whom, and who were present, and 
who are culpable of the act. 

375. He may act as Sheriff in certain contingencies, 
A s c ne n rfff! s when the Sheriff is incapacitated, or interested 

in the cause, or where the Sheriff is a candidate, he per- 
forms all the duties of the Sheriff pertaining to that elec- 
tion. 

376. ^r The pay of the Coroner is in fees. 

Assessor. 

377. The Assessor is elected at the same time, and for 
the same term, that the presiding Judge of the County 



OF THE STATE OF KENTUCKY. 265 

Election, e«c. Court is elected. He has power to appoint as 
many assistants as may be necessary and proper. He 
takes an oath and gives bond for the faithful discharge of 
his duties. 

378. He shall commence the duties of his office on 
the fifteenth day of September in each year, and he shall 

Duties, assess his county, city, or town, by Justices' dis- 
tricts, in a separate book, and he shall so proceed with 
each and every other district of his county, city, or town, 
subject to taxation. He shall complete his list and return 
his tax books to the County Clerk by the fifteenth day of 
December in each year, together with the statement of 
conveyances, etc., furnished him by the Clerk. 

379. He receives for his services four cents on the one 
hundred dollars on the first million of assessment, and 

c s °ation n " one and one-quarter cents on the one hundred 
dollars on the excess over one million dollars. If the total 
assessment in the county does not exceed one million dol- 
lars, he receives four and a half cents on the one hundred 
dollars' worth of assessed property. 

Jailer. 

380. The Jailer is elected at the same time and for the 
Election, etc. same term that the presiding judge of the County 

Court is elected. He must take an oath and give bond 
for the faithful performance of his duty. 

381. The County Jailer shall also be jailer and an offi- 
cer of the Circuit and County Courts for his county, and 

duu^. as such shall discharge and perform all the duties 
and acts prescribed by law. The Jailer of each county 
shall receive and keep all persons in the jail who shall be 
lawfully committed thereto until they are lawfully dis- 



266 CIVIL GOVERNMENT 

charged. He shall treat them with humanity and furnish 
them with proper food and lodging during their confine- 
ment. Each Jailer shall have the custody, rule and 
charge of the jail in his county, and of all persons in the 
jail, and shall keep the same himself. He shall not reside 
more than four hundred yards from the jail, and where it 
is such as admits the residence of a family therein, he 
shall reside in the jail. 

382. The compensation of the Jailer is in fees, payable 
c Si n ' out of the Treasury and the county levy. 

Surveyor. 

383. The Surveyor is elected at the same time, in the 
Election, etc. same manner, and for the same term, that the 

Judge of the County Court is elected. He must take an 
oath and give bond for the faithful performance of his 
duty. 

384. On the recommendation of the Surveyor of a 
county, one or more deputies may be appointed by the 

aadTuuL. County Court thereof. The Surveyor is answer- 
able for the conduct of his deputies. Every Surveyor 
shall promptly and faithfully execute every order of 
survey made by any Court of lands lying in his county, 
and make out and return a true plat and certificate 
thereof, accompanied by explanatory notes. He shall 
append to the field notes of every survey made by him 
the date of such survey, and the variations of the needle 
from the true meridian, at the time of making such sur- 
vey. He can administer any oath required by law to be 
administered to commissioners appointed to divide land, 
to lay off dower or homestead, to open, alter or close a 



OF THE STATE OF KENTUCKY. 267 

public road, or to open or close a private passway ; and 
he may act as any such commissioner when so appointed 
upon his oath of office. 

385. c s auon n ' The compensation of the Surveyor is in fees. 

County Superintendent. 

386. The County Superintendent shall be elected by 
the qualified voters of each county, at the regular August 

Election, etc. election, and he shall serve for the term of 
four years. He must take an oath and give bond for the 
faithful performance of his duty. 

387. He must be possessed of moral character and 
ability to manage the common school interests of the 

Q u a 1 n fi s? a ' county efficiently. He shall possess a good 
English education, and shall be competent to examine 
the teachers who shall apply to teach the common schools 
in the county and to certify the same correctly. He 
must be twenty -one years old, a citizen of the United 
States, and have resided two years next preceding the 
election in the State, and one year in the county for 
which he is a candidate. He must also first obtain a 
certificate of qualification from the State Board of 
Examiners. 

388. No County Judge, Justice of the Peace, Circuit 
Clerk, County Clerk, County Attorney, Sheriff, Coroner, 

ZigM? Assessor, or teacher, while engaged in teaching, 
shall hold the office of County Superintendent of com- 
mon schools. 

389. The County Superintendent has general supervi- 
sion over the common schools of the county. He must 

andXues. visit each school of the county at least once a 



268 CIVIJL GOVERNMENT 

year. He forwards to the Superintendent of Public In- 
struction a report of the enumeration of school children 
of his county, and also reports such other school statistics 
to the Superintendent of Public Instruction as the law 
requires. He receives and takes charge of all money dis- 
tributed or appropriated for school purposes in his county, 
and pays out the same for teachers' salaries, and all other 
school expenses. He must keep a detailed account of all 
moneys so received and paid out by him. He shall see 
that all special taxes, fines, forfeitures, etc., for school pur- 
poses, are collected and paid into the State school fund. 
He may administer the oath required of a trustee or a 
teacher of common schools, or of other persons required 
to make oath in matters relating thereto. He shall con- 
duct or superintend in person the examination of all per- 
sons offering themselves for positions as teachers of the 
common schools of his county (except in cities and towns 
organized as one district by special acts of the General 
Assembly), in regard to their moral character, learning 
and ability to teach said schools ; and he shall give a cer- 
tificate of qualification to no teacher whom he has not 
personally and sufficiently examined, or who has not been 
sufficiently examined in his presence. He shall decide 
all questions of difference or doubt having reference to 
the interests of common schools in his county ; but ap- 
peals from his acts and decisions may be had on petition 
of any interested person to the Board of Education. 

390. For all the services rendered by the County 
Superintendent, he shall be allowed a reasonable com- 
mon! 1 ' pensation, to be fixed by the Court of Claims of 
his county annually, and paid out of the fund raised 
by taxation for this purpose ; but in counties where no 



OF THE STATE OF KENTUCKY. 269 

such tax is levied, then to be paid out of the county levy 
as the salaries to the County Judge and County Attorney 
are now paid. 

391. The County Superintendent shall appoint two 
competent and well-educated persons, who, together with 

county himself, shall constitute a Board of Examiners 

Board of 

Examiners. f or the county, who shall examine all the teachers 
applying to teach the common schools of the county. 
The said Board of Examiners shall hold their sessions on 
the third and fourth Saturdays in July and August, and 
in December and January of each school year, at the 
county seat, and at such other times and places as they 
may appoint, giving public notice thereof, for the exami- 
nation of teachers for the common schools. The board 
may charge each applicant a fee of one dollar for each 
examination made, the proceeds of which shall be divided 
between the two members of the board appointed by and 
acting with the County Superintendent, in proportion to 
the services rendered by them. 

Circuit Court Clerk. 

392. The Circuit Court Clerk is elected at the same 
time, and for the same term, as the Circuit Judge, by the 

Election, etc. qualified voters of the county. He takes an oath 
and gives bond for the faithful performance of his 
duties. 

393. He shall keep a docket of all causes pending in 
the Circuit Court, placing the criminal and penal 

sJdlfe. prosecutions first on the docket, in the succession 
in which they are filed in his office, and then the civil 
causes in the succession in which they are brought. The 
proceedings of each day shall be drawn up by the Clerk 



270 CIVIL GOVERNMENT 

from his minutes in a plain, legible manner, which, after 
being corrected as ordered by the Court, and read in an 
audible voice, shall be signed by the presiding Judge. 
He shall keep his office within two hundred yards of the 
court house. He administers oaths in or out of Court 
touching any matter in which an oath may be legally 
administered. He .shall keep his office open, free, and 
accessible, at all reasonable times, except the Sabbath day, 
to every person having a right or claim to business 
therein. He has charge of all the records of the Circuit 
Court, and he performs many other minor duties too 
numerous to mention in a book of this character. 

394. C S£" His compensation is in fees. 

County Court Clerk. 

395. The County Court Clerk is elected at the same 
time, and for the same term, and in the same manner, as 

Election, etc. the presiding Judge of the County Court. He 
takes an oath and gives bond for the faithful performance 
of his duty. 

396. The County Court Clerk bears about the same 
relation to the County Court as the Circuit Court Clerk 

andXd'es. does to the Circuit Court. In addition he per- 
forms many other duties, among which is the issuing of 
marriage licenses and other licenses, except for retailing 
liquors, and the recording of deeds, etc. 

397. C s°auon n ' His compensation is in fees. 

REVIEW QUESTIONS. 

1. How many counties are there in Kentucky? 

2. What is meant by the county-seat ? 



OF THE STATE OF KENTUCKY. 271 

3. Bound the county in which you live. 

4. What is the county-seat of your county ? 

5. In what respects are the County Court and Court 
of Claims legislative bodies ? 

6. Tell of the Sheriff's election and term. 

7. What are his principal powers and duties ? 

8. What is said of his compensation ? 

9. Who is the Sheriff of your county ? 

10. Tell of the election and term of the Coroner. 

11. What are his duties? 

12. When does the Coroner act as Sheriff? 

13. How is the Coroner paid for his services ? 

14. Who is the Coroner of your county at present ? 

15. Tell of the election and term of the Assessor. 

16. What are his duties? 

17. What compensation does he receive ? 

18. Who is the Assessor of your county? 

19. Tell of the election and term of the Jailer. 

20. What are his duties ? 

21. How is he paid for his services ? 

22. Who is the Jailer of your county? 

23. Tell of the election and term of the Surveyor. 

24. What are his powers and duties ? 

25. What is his compensation ? 

26. Who is the Surveyor of your county ? 

27. Tell of the election and term of the County Super- 
intendent. 

28. What are his qualifications ? 

29. Who are not eligible to the office of County Super- 
intendent ? 

30. What are his powers and duties ? 

31. How is the County Superintendent paid ? 



272 CIVIL GOVERNMENT 

32. Who compose tlfe County Board of Examiners, 
and what are their duties ? 

33. Who is the County Superintendent of your county? 

34. Tell of the election and term of the Circuit Court 
Clerk. 

35. What are his principal powers and duties? 

36. How is he paid for his services? 

37. Who is the Circuit Court Clerk of your county ? 

38. Tell of the election and term of the County Court 
Clerk. 

39. What are his powers and duties ? 

40. How is he paid ? 

41. Who is the County Court Clerk of your county? 



CHAPTER XVII. 

JUDICIAL DEPARTMENT. 

Circuit Court. 

398. The State is divided into twelve judicial circuits, 
and in each of these a Circuit Judge is elected for a term 

judges, of six years. The Judge presides over the Circuit 
Courts of the several counties of his district. The salary 
of a Judge of the Circuit Court is two thousand four 
hundred dollars. 

399. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resi- 
gn™ eligible dent of the district for which he may be a candi- 

as 

circuit judge. (j a te two years next preceding his election, at 
least thirty years of age, and who has not been a prac- 
ticing lawyer eight years, or whose service upon the bench 



OF THE STATE OF KENTUCKY. 273 

of any court of record, when added to the time he may 
have practiced law, shall not be equal to eight years. 

400. The number and length of the terms of the 
Circuit Court are fixed by the General Assembly, and vary 

Terms, according to the amount of business transacted. 
If the business require it, and the same can be done with- 
out interfering with another term in the district, the 
Judge may extend the term of any court. 

401. The Circuit Court has original jurisdiction of all 
matters, both in law and equity, of which jurisdiction is 

jurisdiction, not, by law, exclusively delegated to some other 
tribunal ; and has all power necessary to carry into effect 
the jurisdiction given. 

402. The Circuit Court is a court of record. A full 
Record, record of each day's proceedings of the court 

must be kept by the Circuit Court Clerk, and must be 
publicly read, and then signed by the Judge. 

County Court. 

403. The County Judge is elected by the quali- 
fied voters of the county for a term of four years. The 

judge, court, at the Court of Claims, makes an allow- 
ance to the presiding Judge, out of the county levy, for 
his services in holding the County Courts. 

404. No person shall be eligible to the office of pre- 
siding Judge of the County Court, unless he be a citizen 

who eligible of the United States, over twenty-one years of 
county judge. a g e> an( j shall have been a resident of the county 
in which he shall be chosen one year next preceding the 
election. 

405. The County Court meets monthly at times and 



274 CIVIL GOVERNMENT 

Terms, places fixed by the General Assembly, but the 
County Judge has power, at any time in vacation, to call 
a special term. 

406. County Courts have jurisdiction to lay and super- 
intend the collection of the county levy, erect and keep 

jurisdiction, in repair necessary public buildings, bridges and 
other structures, and superintend the same; regulate and 
control the fiscal affairs and property of the county; make 
provision for the maintenance of the poor, and provide 
for good condition of the public highways in the county ; 
and to execute all of their orders consistent with law and 
within their jurisdiction. 

407. The County Court is a court of record. Before 
every adjournment the minutes of the proceedings of the 

Record, court shall be publicly read by the Clerk, and 
corrected, if necessary, and then the same shall be signed 
by the Judge. The minutes shall be taken in a book 
and carefully preserved among the records. 

Quarterly Court. 

408. The Quarterly Court of each county meets four 
Terms, times a year, once a quarter. 

409. The Quarterly Court has concurrent original 
jurisdiction, both in law and equity, with Justices of the 

jurisdiction. Peace, in all civil proceedings; but the jurisdic- 
tion shall not attach except by consent of the defendants 
in writing, unless one of them resides in the civil district 
which embraces the county seat, or all are non-residents 
of the county. Quarterly Courts have jurisdiction, con- 
current with Circuit Courts, of all actions for the recovery 
of money or personal property, where the matter in con- 
troversy, exclusive of interest and costs, exceeds fifty 



OF THE STATE OF KENTUCKY. 275 

dollars, and does not exceed two hundred dollars in 
value. 

Court of Claims. 

410. The Court of Claims is held in each county once 
a year. The County Judge and Justices of the Peace of 
the county, associated together, constitute the court, a 
majority of whom shall constitute a quorum for the 
transaction of business. The jurisdiction of this court is 
confined to laying the county levy, appropriating money, 
and transacting other financial business of the county. 

Commonwealth'' s Attorney. 

411. The Commonwealth's Attorney is elected by the 
Election, etc. qualified voters of the judicial district, at the 

same time, and for the same term as the Circuit Court 
Judge. 

412. It shall be the duty of the Attorney for the 
Commonwealth to attend each Circuit Court holden in 

Duties, his district, and prosecute all violations of the 
criminal and penal laws therein, and discharge all other 
duties assigned him by law. 

413. He is paid an annual salary of five hundred dol- 
compen- j arSj an( j i n addition he is remunerated in fees. 



sation. 



County Attorney. 

414. The County Attorney is elected by the qualified 
Election, etc. voters of the county, at the same time, for the 

same term, and in the same manner as the presiding 
Judge of the County Court. 

415. Each County Attorney shall attend all County 
Courts held in his county, and shall superintend and 



276 .CIVIL GOVERNMENT 

Duties, conduct all cases and business in the court touch- 
ing the rights or interests of the county. He shall give the 
court and the several county officers legal advice concern- 
ing any county business within the jurisdiction of any 
of them. He shall attend the Court of Claims, and 
oppose the allowance of all claims that are not legally 
presented or are unjust. He shall oppose the improper 
grant of tavern license. He shall attend to the prosecution 
of all riots, routs, and breaches of the peace, except in the 
Circuit Court. In certain cases he assists' the Common- 
wealth's Attorney in the Circuit Court. 

416. He shall be allowed annually, at the Court of 
C s3T Claims, a reasonable salary out of the county levy. 

The Jury System. 

417. The court shall appoint three Jury Commission- 
ers, possessing the qualifications prescribed for petit jury - 

SS&SSSi men, resident in different portions of the county, 
and who have no suit in court which requires the inter- 
vention of a jury. The Jury Commissioners, after they 
have been organized and sworn, shall retire to a jury 
room or some other apartment designated by the Judge. 
They shall be kept free from the intrusion of any person, 
and not separate without leave of the court, until they 
shall have completed the duties required of them. 

418. The Jury Commissioners shall select from the 
citizens of the different portions of the county one 

p^tujufo?s. hundred persons, or a less number if so directed 
by the Judge, free from legal exceptions, of fair character 
and approved integrity, of sound judgment, and well 
informed to serve as petit jurors at the next term of the 
court; write the names of such persons on separate pieces 



OF THE STATE OF KENTUCKY. 277 

of paper, as near the same size and appearance as may be, 
and fold the same so that the name thereon may not be 
seen. The names of the persons so written and folded 
shall then be deposited in a box, and after being well 
mixed and shaken, the commissioners shall draw from 
said box the names of thirty persons, one by one, and 
record the same as drawn, upon paper, which shall be 
certified and signed by them, directed to the Judge of the 
Circuit Court, and indorsed " a list of the standing jury." 
They shall inclose, in like manner, the list of the names 
of the remainder originally selected ; which papers they 
shall deliver to the Judge in open court. The two lists 
shall be sealed and indorsed, and the names of the com- 
missioners written upon the seals, so that the contents 
can not be seen without breaking the seals. The Judge 
shall deliver the lists to the Clerk in open court, and 
administer to the Clerk and his deputies an oath for the 
faithful performance of their duties thereto. Within 
thirty days of the next term, and not before, the Clerk 
shall open the envelope, and make out a fair copy of the 
jury list, and give the same to the Sheriff or his deputy, 
who shall, at least three days prior to the first day of the 
next term, summon the persons to attend on the second 
day of said term, as petit jurors. 

419. The Jury Commissioners, when they select the 
Petit Jury, in the same mode, select not less than thirty- 
G?and jurors, two citizens and house-keepers qualified to serve 
on the Grand Jury, selecting them, as far as practicable, 
from different parts of the county, from which they shall, 
by lot, select sixteen, who shall be reported to the Court, 
and constitute the Grand Jury for the next term. The 
list so returned, sealed, shall be disposed of by the Court 



278 CIVIL GOVERNMENT 

and Clerk, and the Grand Jurymen be summoned in the 
same way and manner by the Sheriff as in case of the 
Petit Jury. 

420. No person shall be a competent Juryman for the 
trial of criminal, penal or civil cases in any Court unless 
Qualifications he be a citizen, at least twenty -one years of age, 
pem jurors. a house-keeper, sober, temperate, discreet, and of 
good demeanor. No one, while under indictment, in this 
State or elsewhere, or who has been convicted of a felony 
and not pardoned, is competent to serve as a Petit Juror. 

421. No person shall be qualified to serve as a Grand 
Juryman unless he be a citizen and a house-keeper of the 
Qualifications county in which he may be called to serve, and 
Grand jurors. over the age of twenty-one years. No one, 
while under indictment, in this State or elsewhere, or who 
has been convicted of a felony and not pardoned, is com- 
petent to serve as a Grand Juror. 

422. The Petit Jury shall consist of twelve persons, 
unless the parties agree that it may be composed of a less 

Pegfj^. number. It is the duty of this Jury to well and 
truly try all cases brought before it, and render a true 
verdict, in accordance with the evidence and the law gov- 
erning such cases. 

423. The Court appoints one of the number of the 
Grand Jury foreman thereof. It is the duty of this jury, 

G?a u ndJur y . saving themselves, to diligently inquire of and 
present all treasons, felonies, misdemeanors and breaches 
of the penal laws which shall have been committed or 
done within the limits or jurisdiction of their county, of 
which they have any knowledge or may receive any in- 
formation. 



OF THE STATE OF KENTUCKY. 279 

424. If the Grand Jury decide that a person suspected 
indictment, of a crime or misdemeanor is guilty, they return 

an indictment against him, indorsed "A True Bill." 

425. The manner of proceeding in a criminal trial is 
as follows : After an indictment has been found by the 

°t 1 ri Q ai nal Grand Jury against a person, a warrant is issued 
for his arrest. For all except capital offenses he may give 
bail, by which his bondsmen agree to forfeit a certain 
amount of money if the accused fail to appear tor trial. 
He is then released until the day of trial. When 
the case is brought up in court the indictment is 
read to the accused and he pleads either guilty or not 
guilty. If he plead guilty, there is no need of a trial, the 
Judge merely sentencing the prisoner; but if he plead not 
guilty, the trial proceeds. The Commonwealth's Attorney 
appears for the State, and if the defendant have no attor- 
ney he is furnished one by the Court. Each party may 
challenge and have excused from the jury a certain num- 
ber of jurors. After the jury is impaneled, the evidence 
against and for accused is given, and the Judge charges 
the jury regarding the law governing such cases. The 
jury then retires in charge of the bailiff to consult con- 
cerning the verdict. It requires the unanimous vote of 
the jury to convict, and if there be a reasonable doubt of 
the guilt of the accused, he must be acquitted. If the 
jurors can not agree upon a verdict, the jury is discharged 
and the case must be tried by a new jury. 

426. In a civil case the plaintiff, or party beginning 
the action, files a " complaint " against the defendant in 

Tn^l. the office of the Clerk of the court, and a sum- 
mons is issued notifying the defendant of the suit 



280 CIVIL GOVERNMENT 

brought against him. If the defendant make no appear- 
ance, by himself or attorney, to defend his case, the plain- 
tiff takes judgment by " default." If the defendant 
appear, he files an "answer" to the "complaint" of the 
plaintiff. After the " issues " are made up, the case is set 
for trial. It may, with some exceptions, be tried before 
the court or a jury, as the parties may agree. If either 
party demand a jury, the case must be tried before a jury. 

REVIEW QUESTIONS. 

1. What counties compose the judicial circuit in 
which you live ? 

2. For how long are Judges of the Circuit Court 
elected ? 

3. Who is Judge of the Circuit Court in your district ? 

4. What is his salary ? 

5. How are the number and length of terms decided ? 

6. Who is eligible as Circuit Judge ? 

7. When does the Circuit Court meet in your county ? 

8. Tell what you can of the jurisdiction of Circuit 
Courts. 

9. What is said of Circuit Court records ? 

10. What is the County Court ? 

11. For how long are County Judges elected? 

12. Who is your County Judge ? 

13. How is he paid for his services? 

14. How often does the County Court meet? 

15. Who is eligible as a County Judge ? 

16. When does the County Court meet in your county ? 

17. Tell what you can of the jurisdiction of the 
County Court. 



OF THE STATE OF KENTUCKY. 281 

18. What is said of County Court records ? 

19. How often does the Quarterly Court meet? 

20. Tell what you can of the jurisdiction of Quarterly 
Courts. 

21. How often is the Court of Claims held? 

22. Who constitutes the Court of Claims? 

23. What is the jurisdiction of the Court of Claims? 

24. Tell of the election and term of the Common- 
wealth's Attorney. 

25. Mention some of his duties. 

26. How is he paid? 

27. Who is the Commonwealth's Attorney in your 
circuit ? 

28. Tell of the election and term of the County At- 
torney. 

29. What are his duties? 

30. How is he paid ? 

31. Who is the County Attorney in your county? 

32. What are the qualifications and duties of Jury 
Commissioners ? 

33. Explain how Jurors are drawn. 

34. What are the qualifications of a Petit Juror ? 

35. What are the qualifications of a Grand Juror ? 

36. What are the duties of the Petit Jury ? 

37. What are the duties of the Grand Jury ? 

38. What is an indictment ? 

39. Tell how a criminal trial is conducted. 

40. Tell how a civil trial is conducted. 



CHAPTER XVIII. 

CIVIL GOVERNMENT OF THE DISTRICT. 
OUTLINE. 



r Legislative, Trustees. 



Civil Government 

of the 

District. 



Executive, 



Judicial, 



f Trustees. 
{ Constables. 

J Justices of the Peace. 
{ Constables. 



427. As the State is divided into counties, so is each 
county divided into districts. The county is divided into 

Districts, districts upon two different bases, for judicial 
purposes and for school purposes. The first are called 
justices' districts and the second are school districts. 

428. The distribution of power in the district remains 
the same as in the county and State, but is less distinctly 

Di o s f tr power on marked than in the county. There is little need 
of legislative power, and this is performed by the school 
trustees, who have also some executive duties. The judi- 
cial power is exercised by the Justices of the Peace and 
Constables. 

LEGISLATIVE DEPARTMENT. 



• School Trustees. 

429. As legislative officers, the Trustees, with, the 
advice and consent of the County Superintendent, levy 

and collect certain taxes for school purposes. 

(282) 



OF THE STATE OF KENTUCKY. 283 

EXECUTIVE DEPARTMENT. 

School Trustees. 

430. Each school district is under the control of three 
Trustees, one of whom is elected each year for the term 
Election, etc. of three years, at the school-house in the dis- 
trict on the first Saturday of June in each year. 

431. Any two of the Trustees constitute a quorum for 
the transaction of business. The title to all school 

a n ddu c JL. property of the district is vested in them and 
their successors in office. They have general charge of 
all school property, and, under the direction of the County 
Superintendent, the management of school affairs per- 
taining to the district. They assess and collect certain 
taxes for school purposes. They employ the teacher, 
agree with him as to the compensation, and, for good 
cause, of which he shall first be notified in writing, 
remove him, subject to the approval of the County Su- 
perintendent. It is the duty of the Trustees to invite 
and encourage all the children in the district to attend 
school. One of the Trustees shall visit the school within 
five days after it opens, and thereafter once a month. 
They have many other duties and reports to make con- 
cerning the schools. 

Constable. 

432. A Constable shall be elected in every Justice's 
District, who shall be chosen for two years, at such time 
Election, etc. and place as may be provided by law, whose ju- 
risdiction shall be co-extensive with the county in which 
he may reside. He must take an oath and give bond for 
the faithful performance of his duties. 



284 CIVIL GOVERNMENT 

433. The Constable is the executive officer of the Jus- 
tice's Court. He serves all warrants, subpoenas and other 

andXues. papers handed to him by the Justice, preserves 
order during the progress of a trial, and enforces the legal 
orders of the Justice. Constables may execute bench 
warrants, warrants of arrest, distress, or other warrants, 
summonses, subpoenas, attachments of all kinds, notices, 
rules, and orders of court in all criminal, penal and civil 
cases, and shall return all such processes, noting the 
time cf execution on them, to the courts or persons issu- 
ing them. 

434. Com tion 3a " The compensation of Constables is in fees. 

JUDICIAL DEPARTMENT. 

Justices of the Peace. 

435. Two Justices of the Peace are elected in each 
Election, etc. Justice's district to serve for the term of four 
years. They shall take an oath and give bond for the 
faithful performance of their duties. 

436. The jurisdiction of Justices of the Peace is 
co-extensive with the county. They are conservators of 

Action, the peace, and have jurisdiction in all penal cases 
where the fine or penalty is so regulated by law that it 
can not exceed twenty dollars, unless the jurisdiction 
thereof is otherwise specially conferred. They have juris- 
diction, exclusive of Circuit Courts but concurrent with 
Quarterly Courts, of all actions and proceedings for the 
recovery of money or personal property where the matter 
in controversy, exclusive of interest and costs, does not 
exceed fifty dollars in value, and in other cases special \j 
provided by statute. 



OF THE STATE OF KENTUCKY. 285 

437. Each Justice of the Peace shall hold a court in his 
district for the trial of civil causes, on a day to be fixed 

andTuTes. by the presiding Judge of the County Court, in 
the months of March, June, September and December in 
each year, and continue until the business is disposed of. 
Every justice's court is a court of record, and each justice 
shall, in a book provided by him for that purpose, keep a 
full and fair record of his judicial proceedings. They 
may hold court at any time for the trial of criminal or 
penal causes of which they have jurisdiction. 

438. The Justices of the Peace are allowed three dol- 
compensa- i arg eac k p er ^ay f or attendance at the Court of 

Claims. The balance of their compensation is in fees. 

REVIEW QUESTIONS. 

1. Into what civil divisions are counties divided? 

2. For what two purposes are counties divided into 
districts ? 

3. How many justices' districts are there in your 
county ? 

4. How many school districts ? 

5. What is said of the distribution of power in dis- 
tricts ? 

6. Tell of the election, term, etc., of the School 
Trustees. 

7. What are their powers and duties ? 

8. Who are the Trustees of your district ? 

9. Tell of the election and term of the Constable. 

10. What are his powers and duties ? 

11. How'is he paid? 

12. Name the Constable of your district. 



286 CIVIL GOVERNMENT 

13. In whom is the judicial power of the district 
vested ? 

14. Tell of the election and term of Justices of the 
Peace. 

15. How many are there in each district ? 

16. Tell what you can of the jurisdiction of Justices 
of the Peace. 

17. What are the powers and duties of Justices of the 
Peace ? 

18. How are they paid ? 

19. Name the Justices of your district. 



CHAPTER XIX. 

CIVIL GOVERNMENT OP CITIES AND TOWNS. 

439. When people collect in such numbers as to form 

cities and towns, a different form of government from the 

Necessity for ordinary county and district governments is 

other forms J J ° 

of government, needed. A number of matters which are not 
found in the district or county require attention. The 
streets must be kept in better condition than the public 
roads, and sidewalks must be made; policemen must be 
employed to preserve order; fire companies must be 
organized to prevent destructive fires. In the larger cities, 
street railways, water-works, gas-works, etc., must be 
established and regulated by law. The General Assem- 
bly , therefore, has delegated to towns and cities the power 
to make and enforce local laws for their government, so 
long as they do not conflict with the General Statutes. 
While they have the same general organization, yet they 



OF THE STATE OF KENTUCKY. 287 

vary so much in minor affairs that there are, probably, 
no two of them that have exactly the same organization 
and code of laws. To write an exact and complete civil 
government of them would require a separate chapter for 
each city and town in the Commonwealth, and this 
would make the work too voluminous for a text-book. 
We shall, therefore, give only the general provisions con- 
cerning them, which the student will modify to suit any 
particular town or city. All the officers given in the text 
may not be found in every town or city, while some towns 
and cities may have officers not given in the text. The 
duties of the same officers will not always be the same in 
every town or city, and due allowance must be made for 
this fact. Only such officers have been named, and only 
such of their duties given, as seem to be the most gen- 
eral throughout the Commonwealth. 

THE TOWN.' 

440. The County Court of each county, on the appli- 
cation of the ostensible owner, if it deem the same advan- 

Estabiish- tageous and necessary to the public at large, may 
town - establish a town, and thereby vest the title of a 
designated tract of land in trustees and their successors 
for that purpose. The court, in the order establishing a 
town, must give the metes and bounds, and the quantity 
of land embraced therein. It must fix the name of 
the town, and appoint trustees for the same. The land 
so vested in trustees shall be laid off into convenient lots, 
streets, and alleys, and each lot numbered, and each street 
named ; and a plat thereof must be recorded in the County 
Court Clerk's office. The lots shall be disposed of by the 



288 CIVIL GOVERNMENT 

trustees, at public auction, on such credit as the propri- 
etors may direct, proper notice of the time and place of 
sale being given. The trustees shall, when the sale 
money is paid, convey the title of the lots to the respect- 
ive purchasers or their transferees. 

Town Trustees. 

441. Each town shall annually, the first Monday in 
June, elect five trustees; ten days previous notice, in 

Election, writing, of the time and place of each election, 
must be set up by the clerk of the board, at five of the 
most public places in the town. 

442. No person shall be eligible to the office of a 
eiSL Trustee who is not a citizen of the town and a 

qualified elector of the Commonwealth. 

443. The Trustees of towns may make such rules and 
regulations for the government thereof, not inconsistent 

andXues. with the laws and Constitution of the Common- 
wealth, as they may deem necessary and proper. Three 
Trustees constitute a board to do business. 

444. The Trustees appoint a Clerk, Assessor, Town 
Appointment Warden, Collector and Treasurer, and take from 
other officers, the two latter bond and good surety for the 

faithful performance of their duties. 

THE CITY. 

445. The following outline shows the distribution of 
the powers of government, and the names of the various 
officers, as near as can be given to suit all cities : 



OF THE STATE OF KENTUCKY. 



289 



The Cicy. 



[ Legislative : Council 
r Mayor. 



Executive 



Clerk. 

Treasurer. 

Marshal. 

Street Commissioner. 

Engineer. 

School Trustees. 



><" {^Attorney. 



LEGISLATIVE DEPARTMENT. 



Council. 



446. For the election of Councilmen the city is divided 
wards, into wards. The Councilmen must be residents 

of the wards from which they are chosen. 

447. The Council holds regular meetings at such times 
Meetings, as they may designate. The Mayor is the pre- 
siding officer. 

448. The General Assembly has given to the Council 
the power to make laws on matters which concern the 

nancL peace, health or safety of the residents of the 
city. These laws are called city ordinances, and the Coun- 
cil may provide, by fine or imprisonment, for the pun- 
ishment of those who violate them. 

449. The Council has control of the finances and prop- 
erty of the city. It levies taxes for city purposes, and 

iSwe". nx es the salaries of all the city officers. It ap- 
points those of the city officers who are not elected by 
the people. It may provide for the improvement of 
streets and alleys, and other necessary public improve- 
ments. 



290 CIVIL GOVERNMENT 

EXECUTIVE DEPARTMENT. 

Mayor. 

450. The Mayor is the chief executive officer of the 
city. It is his duty to see that the ordinances of the city 
are faithfully executed. He has general supervision over 
the subordinate officers of the city. 

Clerk 

451. The Clerk has the custody of all the books and 
papers belonging to the city. He attends the meetings 
of the Council and records the proceedings of that body. 
He countersigns and registers all licenses, permits, etc., of 
the Council. He draws and countersigns orders upon 
the Treasurer for money drawn from the city treasury 
according to law. He keeps account in books .furnished 
for the purpose, of all receipts and expenditures of the 
city government. 

Treasurer. 

452. The Treasurer has charge of all the funds belong- 
ing to the city, and pays them out on orders signed by 
the Mayor and countersigned by the Clerk. He makes 
such reports of the financial affairs of the city as the 
Council may require 

Marshal. 

453. The Marshal executes all orders and processes 
of the Mayor, or the Council. He arrests and commits to 
jail persons who commit crime, or who violate the city 
ordinances. He attends the City Court where he has 
served the processes, and preserves order therein. He sup- 
presses riots and breaches of the peace. 



OF THE STATE OF KENTUCKY. 291 

Street. Commissioner. 

454. The Street Commissioner superintends the build- 
ing and repairs of the streets and sidewalks. He also 
recommends to the Council improvements to be made in 
streets and sidewalks. 

Engineer. 

455. The City Engineer makes plans and estimates of 
proposed public improvements when directed by the 
Council, and superintends the opening of new streets. 

School Trustees. 

456. The School Trustees are usually appointed by 
the Council, but are sometimes elected by the people. 
They have charge of the school affairs of the city, and 
the care of the school property. They employ teachers, 
and make all necessary improvements in school property. 

JUDICIAL DEPARTMENT. 

Mayor. 

457. The Mayor is the chief judicial officer of the city. 
Acting as such, he must hold a city court, and while sit- 
ting as such court he has exclusive jurisdiction in all 
prosecutions for violations of the city ordinances. He 
must keep a docket, as Justices do. 

City Attorney. 

458. The City Attorney is the legal adviser of the city 
officers, and he advises the Council upon matters in ref- 



292 CIVIL GOVERNMENT 

erence to the action of the Council. He prosecutes 
actions in favor of the city, and defends actions brought 
against the city. 

REVIEW QUESTIONS. 

1. Why are town or city governments necessary ? 

2. Why is it that a complete and exhaustive civil 
government of towns and cities can not be given ? 

3. Explain how a town may be established. 

4. Tell of the number, election and term of the Town 
Trustees. 

5. Who are eligible to the office of Town Trustee ? 

6. What are their powers and duties ? 

7. What other officers do they appoint ? 

8. Name the officers of each department of the city 
government. 

9. What are city wards ? 

10. Tell of the election of the Councilmen. 

11. What is said of Council meetings ? 

12. What is a city ordinance ? 

13. Name some of the powers of the City Council. 

14. What are the duties of the Mayor as a legislative 
officer ? 

15. What are his duties as an executive officer ? 

16. What are the duties of the Clerk ? 

17. What are the duties of the Treasurer ? 

18. What are the duties of the Marshal? 

19. What are the duties of the Street Commissioner ? 

20. What are the duties of the City Engineer ? 

21. What are the duties of the School Trustees? 



OF THE STATE OF KENTUCKY, 293 

22. What are the duties of the Mayor as a judicial 
officer ? 

23. What are the duties of the City Attorney ? 

24. How does a city differ from a town ? 

25. Do you live in a city or a town ? 

26. How many cities are there in your county ? How 
many towns ? 

27. If you live in a city or a town, make a list of the 
persons now holding city or town offices. 



CONSTITUTION OF KENTUCKY 



PREAMBLE. 

We, the representatives of the people of the State of Ken- 
tucky, in convention assembled, to secure to all the citizens 
thereof the enjoyment of the rights of life, liberty, and prop- 
erty, and of pursuing happiness, do ordain and establish this 
Constitution for its government. 

ARTICLE I. 

CONCERNING THE DISTRIBUTION OF THE POWERS OE GOVERNMENT. 

Section 1. The powers of the government of the State of 
Kentucky shall be divided into three distinct departments, and 
each of them be confided to a separate body of magistracy, 
to-wit : Those which are legislative, to one ; those which are ex- 
ecutive, to another; and those which are judiciary, to another. 

Sec. 2. No person, or collection of persons, being of one of 
those departments, shall exercise any power properly belonging 
to either of the others, except in the instances hereinafter ex. 
pressly directed or permitted. 

(294) 



OF THE STATE OF KENTUCKY. 295 

ARTICLE II. 

CONCERNING THE LEGISLATIVE DEPARTMENT. 

Section 1. The legislative power shall be vested in a House 
of Representatives and Senate, which, together, shall be styled 
the General Assembly of the Commonwealth of Kentucky. 

Sec. 2. The members of the House of Representatives shall 
continue in service for the term of two years from the day of 
the general election, and no longer. 

Sec 3. Representatives shall be chosen on the first Monday 
in August in every second year; and the mode of holding the 
elections shall be regulated by law. 

Sec. 4. No person shall be a Representative who, at the time 
of his election, is not a citizen of the United States, has not 
attained the age of twenty-four years, and who has not resided 
in this State two years next preceding his election, and the last 
year thereof in the county, town, or city for which he may be 
chosen. 

Sec. 5. The General Assembly shall divide each county of this 
Commonwealth into convenient election precincts, or may dele- 
gate power to do so to such county authorities as may be desig- 
nated by law ; and elections for Representatives for the several 
counties shall be held at the places of holding their respective 
Courts, and in the several election precincts into which the 
counties may be divided : Provided, That when it shall appear to 
the General Assembly that any city or town hath a number of 
qualified voters equal to the ratio then fixed, such city or town 
shall be invested with the privilege of a separate representation, 
in either or both Houses of the General Assembly, which shall 
be retained so long as such city or town shall contain a number 
of qualified voters equal to the ratio which may, from time 
to time, be fixed by law; and thereafter elections for the 
county in which such city or town is situated shall not be held 
therein ; but such city or town shall not be entitled to a separate 
representation unless such county, after the separation, shall also 
be entitled to one or more Representatives. That whenever a 



296 CIVIL GOVERNMENT 

city or town shall be entitled to a separate representation in 
either House of the General Assembly, and by its numbers shall 
be entitled to more than one Eepresentative, such city or town 
shall be divided, by squares which are contiguous, so as to make 
the most compact form, into Representative districts, as nearly 
equal as may be, equal to the number of Eepresentatives to which 
such city or town may be entitled ; and one Representative shall 
be elected from each district. In like manner shall said city or 
town be divided into Senatorial Districts, when, by the appor- 
tionment, more than one Senator shall be allotted to said city or 
town ; and a Senator shall be elected from each Senatorial dis- 
trict; but no ward or municipal division shall be divided by 
such division of Senatorial or Representative districts, unless it 
be necessary to equalize the elective, Senatorial or Representative 
districts. 

Sec. 6. Representation shall be equal and uniform in this 
Commonwealth, and shall be forever regulated and ascertained 
by the number of qualified voters therein. In the year 1850, 
again in the year 1857, and every eighth year thereafter, an 
enumeration of all the qualified voters of the State shall be 
made ; and to secure uniformity and equality of representation, 
the State is hereby laid off into ten districts. The first district 
shall be composed of the counties of Fulton, Hickman, Ballard, 
McCracken, Graves, Calloway, Marshall, Livingston, Crittenden, 
Union, Hopkins, Caldwell, and Trigg. The second district shall 
be composed of the counties of Christian, Muhlenburg, Hender- 
son, Daviess, Hancock, Ohio, Breckenridge, Meade, Grayson, 
Butler, and Edmonson. The third district shall be composed of 
the counties of Todd, Logan, Simpson, Warren, Allen, Monroe, 
Barren, and Hart. The fourth district shall be composed of the 
counties of Cumberland, Adair, Green, Taylor, Clinton, Russell, 
Wayne, Pulaski, Casey, Boyle, and Lincoln. The fifth district 
shall be composed of the counties of Hardin, Larue, Bullitt, 
Spencer, Nelson, Washington, Marion, Mercer, and Anderson., 
The sixth district shall be composed of the counties of Garrard, 



OF THE STATE OF KENTUCKY. 297 

Madison, Estill, Owsley, Kockcastle, Laurel, Clay, Whitley, 
Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The 
seventh district shall be composed of the counties of Jefferson, 
Oldham, Trimble, Carroll, Henry, and Shelby, and the city of 
Louisville. The eighth district shall be composed of the coun- 
ties of Bourbon, Fayette, Scott, Owen, Franklin, Woodford, and 
Jessamine. The ninth district shall be composed of the counties 
of Clark, Bath, Montgomery, Fleming, Lewis, Greenup, Carter, 
Lawrence, Morgan, and Breathitt. The tenth district shall be 
composed of the counties of Mason, Bracken, Nicholas, Harri- 
son, Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. 
The number of Representatives shall, at the several sessions of 
the General Assembly next after the making of the enumera- 
tions, be apportioned among the ten several districts according 
to the number of qualified voters in each ; and the Representa- 
tives shall be apportioned, as near as may be, among the counties, 
towns, and cities in each district ; and in making such appor- 
tionment the following rules shall govern, to-wit : Every county, 
town, or city having the ratio, shall have one Representative; 
if double the ratio, two Representatives, and so on. Next, the 
counties, towns, or cities having one or more Representatives, 
and the largest number of qualified voters above the ratio, and 
counties having the largest number under the ratio shall have 
a Representative, regard being always had to the greatest num- 
ber of qualified voters : Provided, That when a county may not 
have a sufficient number of qualified voters to entitle it to one 
Representative, then such county may be joined to some adja- 
cent county or counties, which counties shall send one Repre- 
sentative. When a new county shall be formed of territory be- 
longing to more than one district, it shall form a part of that 
district having the least number of qualified voters. 

Sec. 7. The House of Representatives shall choose its Speaker 
and other officers. 

Sec. 8. Every free white male citizen, of the age of twenty - 
one years, who has resided in the State two years, or in the 



298 CIVIL GOVERNMENT 

county, town, or city in which he offers to vote, one year next 
preceding the election, shall be a voter; but such voter shall 
have been, for sixty days next preceding the election, a resident 
of the precinct in which he offers to vote, and he shall vote in 
said precinct, and not elsewhere. 

Sec. 9. Voters, in all cases except treason, felony, breach or 
surety of the peace, shall be privileged from arrest during their 
attendance at, going to, and returning from elections. 

Sec. 10. Senators shall be chosen for the term of four years ; 
and the Senate shall have power to choose its officers biennially. 

Sec. 11. Senators and Eepresentatives shall be elected, under 
the first apportionment after the adoption of this Constitution, 
in the year 1851. 

Sec 12. At the session of the General Assembly next after 
the first apportionment under this Constitution, the Senators 
shall be divided by lot, as equally as may be, into two classes; 
the seats of the first class shall be vacated at the end of two 
years from the day of the election, and those of the second class 
at the end of four years, so that one-half shall be chosen every 
two years. 

Sec 13. The number of Representatives shall be one hund- 
red, and the number of Senators thirty-eight. 

Sec 14. At every apportionment of representation, the State 
shall be laid off into thirty-eight Senatorial districts, which shall 
be so formed as to contain, as near as may be, an equal number 
of qualified voters, and so that no county shall be divided in the 
formation of a Senatorial district, except such county shall be 
entitled, under the enumeration, to two or more Senators ; and 
where two or more counties compose a district, they shall be 
adjoining. 

Sec 15. One Senator for each district shall be elected by the 
qualified voters therein, who shall vote in the precincts where 
they reside, at the places where elections are, by law, directed to 
be held. 

Sec 16. No person shall be a Senator who, at the time of his 



OF THE STATE OF KENTUCKY. 299 

election, is not a citizen of the United States, has not attained 
the age of thirty years, and who has not resided in this State six 
years next preceding his election, and the last year thereof in 
the district for which he may be chosen. 

Sec. 17. The election of Senators next after the first appor- 
tionment under this Constitution, shall be general throughout 
the State, and at the same time that the election for Eepresenta- 
tives is held ; and thereafter, there shall be a biennial election for 
Senators to fill the places of those whose term of service may 
have expired. 

Sec. 18. The General Assembly shall convene on the first 
Monday in November after the adoption of the Constitution, and 
again on the first Monday in November, 1851, and on the same 
day of every second year thereafter, unless a different day be 
appointed by law; and their sessions shall be held at the Seat of 
Government. 

Sec 19. Not less than a majority of the members of each 
House of the General Assembly shall constitute a quorum to do 
business ; but a smaller number may adjourn from day to day, 
and shall be authorized by law to compel the attendance of 
absent members in such manner and under such penalties as may 
be prescribed thereby. 

Sec 20. Each House of the General Assembly shall judge of 
the qualifications, elections, and returns of its members, but a 
contested election shall ( be determined in such manner as shall 
be directed by law. 

Sec 21. Each House of the General Assembly may deter- 
mine the rules of its proceedings, punish a member for disorderly 
behavior, and, with the concurrence of two-thirds, expel a 
member, but not a second time for the same cause. 

Sec 22. Each House of the General Assembly shall keep and 
publish, weekly, a journal of its proceedings, and the yeas and 
nays of the members on any question shall, at the desire of any 
two of them, be entered on their journal. 

Sec 23. Neither House, during the session of the General 
Assembly, shall, without the consent of the other, adjourn for 



300 CIVIL GOVERNMENT 

more than three days, nor to any other place than that in which 
they may be sitting. 

Sec. 24. The members of the General Assembly shall several- 
ly receive, from the public treasury, a compensation for their 
services, which shall be three dollars a day, during their attend- 
ance on, and twelve and a half cents per mile for the necessary 
travel in going to and returning from the sessions of their 
'respective Houses : Provided, That the same may be increased 
or diminished by law ; but no alteration shall take effect during 
the session at which such alteration shall be made ; nor shall a 
session of the General Assembly continue beyond sixty days, 
except by a vote of two-thirds of all the members elected to 
each House; (a) but this shall not apply to the first session 
held under this Constitution. 

Sec. 25. The members of the General Assembly shall, in all 
cases, except treason, felony, breach or surety of the peace, be 
privileged from arrest, during their attendance at the sessions of 
their respective Houses, and in going to and returning from the 
same; (a) and for any speech or debate, in either House, they 
shall not be questioned in any other place. 

Sec 26. No Senator or Representative shall, during the term 
for which he was elected, nor for one year thereafter, be ap- 
pointed or elected to any civil office of profit under this Com- 
monwealth which shall have been created, or the emoluments of 
which shall have been increased during the said term, except to 
such offices or appointments as may be filled by the election of 
the people. 

Sec. 27. No person, while he continues to exercise the func- 
tions of a clergyman, priest, or teacher of any religious persua- 
sion, society, or sect, nor while he holds or exercises any office 
of profit under this Commonwealth, or under the Government 
of the United States, shall be eligible to the General Assembly, 
except attorneys at law, justices of the peace, and militia offi- 
cers ; Provided, That attorneys for the Commonwealth, who 
receive a fixed annual salary, shall be ineligible. 



OF THE STATE OF KENTUCKY. 301 

Sec. 28 No person who at any time may have been a col- 
lector of taxes or public moneys for the State, or the assistant 
or deputy of such collector, shall be eligible to the General 
Assembly unless he shall have obtained a quietus six months 
before the election, for the amount of such collection, and for 
all public moneys for which he may have been responsible. 

Sec. 29. No bill shall have the force of a law, until, on 
three several days, it be read over in each House of the General 
Assembly, and free discussion allowed thereon ; unless, in cases 
of urgency, four-fifths of the House where the bill shall be 
depending may deem it expedient to dispense with this rule. 

Sec. 30. All bills for raising revenue (a) shall originate in the 
House of Kepresentatives ; but the Senate may propose amend- 
ments, as in other bills : Provided, That they shall not introduce 
any new matter, under color of amendment, which does not 
relate to raising revenue. 

Sec 31. The General Assembly shall regulate, by law, by 
whom, and in what manner, writs of election shall be issued to 
fill the vacancies which may happen in either branch thereof. 

Sec 32. The General Assembly shall have no power to grant 
divorces, change the names of individuals, or direct the sale of 
estates belonging to infants, or other persons laboring under 
legal disabilities, by special legislation ; but by general laws shall 
confer such powers on the Courts of Justice. 

Sec 33. The credit of this Commonwealth shall never be 
given or loaned in aid of any person, association, municipality, 
or corporation. 

Sec 34. The General Assembly shall have no power to pass 
laws to diminish the resources of the sinking fund, as now estab- 
lished by law, until the debt of the State be paid, but may pass 
laws to increase them ; and the whole resources of said fund, 
from year to year, shall be sacredly set apart and applied to the 
payment of the interest and principal of the State debt, and to 
no other use or purpose, until the whole debt of the State is 
fully paid and satisfied. 



302 CIVIL GOVERNMENT 

Sec. 35. The General Assembly may contract debts to meet 
casual deficits or failures in the revenue, but such debts, direct 
or contingent, singly or in the aggregate, shall not, at any ti me, 
exceed five hundred thousand dollars ; and the moneys arising 
from loans creating such debts shall be applied to the purposes 
for which they were obtained, or to repay such debts; Provided, 
That the State may contract debts to repel invasion, suppress 
insurrection, or, if hostilities are threatened, provide for the 
public defense. 

Sec. 36. No act of the General Assembly shall authorize any 
debt to be contracted on behalf of the Commonwealth, except 
for the purposes mentioned in the thirty-fifth section of this 
article, unless provision be made therein to lay and collect an 
annual tax sufficient to pay the interest stipulated, and to dis- 
charge the debt within thirty years; nor shall such act take 
effect until it shall have been submitted to the people at a gen- 
eral election, and shall have received a majority of all the votes 
cast for and against it : Provided, That the General Assembly 
may contract debts by borrowing money to pay any part of the 
debt of the State without submission to the people, and without 
making provision in the act authorizing the same for a tax to 
discharge the debt so contracted, or the interest thereon. 

Sec 37. No law enacted by the General Assembly shall relate 
to more than one subject, and that shall be expressed in the 
title. 

Sec. 38. The General Assembly shall not change the venue 
in any criminal or penal prosecution, but shall provide for the 
same by general laws. 

Sec 39. The General Assembly may pass laws authorizing 
writs of error in criminal or penal cases, and regulating the 
right of challenge of jurors therein. 

Sec 40. The General Assembly shall have no power to pass 
any act or resolution for the appropriation of any money, or the 
creation of any debt, exceeding the sum of one hundred dollars, 
at any one time, unless the same, on its final passage, shall be 



OF THE STATE OF KENTUCKY. 303 

voted for by a majority of all the members then elected to each 
branch of the General Assembly ; and the yeas and nays there- 
on entered on the journal. 

ARTICLE III. 

CONCERNING THE EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of the Common- 
wealth shall be vested in a chief magistrate, who shall be styled 
the Governor of the Commonwealth of Kentucky. 

Sec. 2. The Governor shall be elected for the term of four 
years, by the qualified voters of the State, at the time when and 
the places where they shall respectively vote for Eepresentatives. 
The person having the highest number of votes shall be Gover- 
nor ; but if two or more shall be equal and highest in votes, the 
election shall be determined by lot, in such manner as the Gen- 
eral Assembly may direct. 

Sec. 3. The Governor shall be ineligible for the succeeding 
four years after the expiration of the term for which he shall 
have been elected. 

Sec. 4. He shall be at least thirty-five years of age and a citi- 
zen of the United States, and have been an inhabitant of this 
State at least six years next preceding his election. 

Sec. 5. He shall commence the execution of the duties of his 
office on the fifth Tuesday succeeding the day of the general 
election on which he shall have been chosen, and shall continue 
in the execution thereof until his successor shall have taken the 
oaths or affirmations prescribed by this Constitution. 

Sec. 6. No member of Congress, or person holding any office 
under the United States, or minister of any religious society, 
shall be eligible to the office of Governor. 

Sec. 7. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor 
diminished during the term for which he was elected. 

Sec. 8. He shall be commander-in-chief of the army and navy 
of this Commonwealth and of the militia thereof, except when 



304 CIVIL GOVERNMENT 

they shall be called into the service of the United States, but he 
shall not command personally in the field unless advised so to do 
by a resolution of the General Assembly. 

Sec. 9. He shall have power to fill vacancies that may occur 
by granting commissions, which shall expire when such vacan- 
cies shall have been filled according to the provisions of this Con- 
stitution. 

Sec 10. He shall have power to remit fines and forfeitures, 
grant reprieves and pardons, except in cases of impeachment. In 
cases of treason, he shall have power to grant reprieves until the 
end of the next session of the General Assembly, in which the 
power of pardoning shall be vested ; but he shall have no power 
to remit the fees of the clerk, sheriff, or Commonwealth's attor- 
ney in penal or criminal cases. 

Sec 11. He may require information in writing, from the offi- 
cers in the executive department upon any subject relating to 
the duties of their respective offices. 

Sec 12. He shall, from time to time, give to the General As- 
sembly information of the state of the Commonwealth, and 
recommend to their consideration such measures as he may deem 
expedient. 

Sec 13. He may, on extraordinary occasions, convene the 
General Assembly at the Seat of Government, or at a different 
place if that should have become, since their last adjournment, 
dangerous, from an enemy or from contagious disorders ; and 
in case of disagreement between the two Houses with respect to 
the time of adjournment, he may adjourn them to such time as 
he shall think proper, not exceeding four months. 

Sec 14. . He shall take care that the laws be faithfully 
executed. 

Sec 15. A Lieutenant-Governor shall be chosen at every 
regular election for Governor, in the same manner, to continue 
in office for the same time, and possess the same qualifications as 
the Governor. In voting for Governor and Lieutenant Governor, 



OF THE STATE OF KENTUCKY. 305 

» 

the electors shall state for whom they vote as Governor, and for 
whom they vote as Lieutenant Governor. 

Sec. 16. He shall, by virtue of his office, be Speaker of the 
Senate; have a right, when in the committee of the whole, to 
debate and vote on all subjects, and when the Senate are equally 
divided, to give the casting vote. 

Sec 17. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the State, 
the Lieutenant-Governor shall exercise all the power and 
authority appertaining to the office of Governor, until another 
be duly elected and qualified, or the Governor absent or im- 
peached shall return or be acquitted. -r 

Sec. 18. Whenever the Government shall be administered 
by the Lieutenant-Governor, or he shall fail to attend as Speaker 
of the Senate, the Senators shall elect one of their own members 
as Speaker for that occcasion. And if, during the vacancy of 
the office of Governor, the Lieutenant-Governor shall be im- 
peached, removed from office, refuse to qualify, resign, die, or 
be absent from the State, the Speaker of the Senate shall, in 
like manner, administer the Government : Provided, That when- 
ever a vacancy shall occur in the office of Governor before the 
first two years of his term shall have expired, a new election for 
Governor shall take place to fill such vacancy. 

Sec 19. The Lieutenant-Governor, or Speaker pro tempore of 
the Senate, while he acts as Speaker of the Senate, shall receive 
for his services the same compensation which shall, for the same 
period, be allowed the Speaker of the House of Eepresentatives, 
and no more; and during the time he administers the Govern- 
ment as Governor, shall receive the same compensation which 
the Governor would have received, had he been employed in 
the duties of his office. 

Sec 20. If the Lieutenant-Governor shall be called upon to 
administer the Government, and shall while in such administra- 
tion, resign, die, or be absent from the State during the recess 
of the General Assembly, it shall be the duty of the Secretary of 



306 CIVIL GOVERNMENT 

State, for the time being, to convene the Senate for the purpose 
of choosing a Speaker. 

Sec. 21. The Governor shall nominate, and, by and with the 
advice and consent of the Senate, appoint a Secretary of State, 
who shall be commissioned during the term for which the Gov- 
ernor was elected, if he shall so long behave himself well. He 
shall keep a fair register, and attest all the official acts of the 
Governor, and shall when required, lay the same, and all papers, 
minutes, and vouchers relative thereto, before either House of 
the General Assembly, and shall perform such other duties as 
may be required of him by law. 

Sec. 22. Every bill which shall have passed both Houses 
shall be presented to the Governor. If he approve he shall sign 
it; but if not, he shall return it, with his objections, to the 
House in which it originated, who shall enter the objections at 
large upon their journal, and proceed to reconsider it. If, after 
such reconsideration, a majority of all the members elected to 
that House shall agree to pass the bill, it shall be sent, with the 
objections, to the other House, by which it shall likewise be 
considered, and if approved by a majority of all the members 
elected to that House, it shall be a law ; but, in such cases, the 
votes of both Houses shall be determined by yeas and nays, and 
the names of the members voting for and against the bill shall 
be entered upon the journals of each House respectively. If 
any bill shall not be returned by the Governor within ten days 
(Sundays excepted) after it shall have been presented to him, it 
shall be a law in like manner as if he had signed it, unless the 
General Assembly, by their adjournment, prevent its return ; in 
which case it shall be a law unless sent back within three days 
after their next meeting. 

Sec. 23. Every order, resolution, or vote, in which the con- 
currence of both Houses may be necessary, except on a question 
of adjournment, shall be presented to the Governor, and before 
it shall take effect, be approved by him ; or, being disapproved, 
shall be repassed by a majority of all the members elected to 



OF THE STATE OF KENTUCKY. 307 

both Houses, according to the rules and limitations prescribed 
in case of a bill. 

Sec. 24. Contested elections for Governor and Lieutenant- 
Governor shall be determined by both Houses of the General 
Assembly, according to such regulations as may be established 
by law. 

Sec. 25. A Treasurer shall be elected by the qualified voters 
of the State for the term of two years ; and an Auditor of Pub- 
lic Accounts, Eegister of the Land Office, and Attorney Gejieral, 
for the term of four years. The duties and responsibilities of 
these officers shall be prescribed by law : Provided, That in- 
ferior State officers, not specially provided for in this Constitution, 
may be appointed or elected in such manner as shall be pre- 
scribed by law, for a term not exceeding four years. 

Sec 26. The first election under this Constitution for Gov- 
ernor, Lieutenant-Governor, Treasurer, Auditor of Public Ac- 
counts, Eegister of the Land Office, and Attorney General, shall 
be held on the first Monday in August in the year 1851. 

ARTICLE IV. 

CONCERNING THE JUDICIAL DEPARTMENT. 

Section 1. The judicial powers of this Commonwealth, both 
as to matters of law and equity, shall be vested in one Su- 
preme Court (to be styled the Court of Appeals), the courts 
established by this Constitution, and such courts inferior to the 
Supreme Court, as the General Assembly may, from time to 
time, erect and establish. 

concerning the court of appeals. 

Sec 2. The Court of Appeals shall have appellate jurisdic- 
tion only, which shall be co-extensive with the State, under 
such restrictions and regulations, not repugnant to this Consti- 
tution, as may, from time to time, be prescribed by law. 

Sec 3. The judges of the Court of Appeals shall, after their 
first term, hold their offices for eight years from and after their 



308 CIVIL. GOVERNMENT 

election, and until their successors shall be duly qualified, sub- 
ject to the conditions hereinafter prescribed; but, for any rea- 
sonable cause, the Governor shall remove any of them on the 
address of two-thirds of each House of the General Assembly : 
Provided, however, That the cause or causes for which such re- 
moval may be required shall be stated at length in such address, 
and on the journal of each House. They shall, at stated times, 
receive for their services an adequate compensation, to be fixed 
by law, which shall not be diminished during the time for which 
they shall have been elected. 

Sec. 4. The Court of Appeals shall consist of four Judges, any 
three of whom may constitute a court for the transaction of busi- 
ness. The General Assembly, at its first session after the adop- 
tion of this Constitution, shall divide the State, by counties, in 
four districts, as nearly equal in voting population and with as 
convenient limits as may be, in each of which the qualified 
voters shall elect one Judge of the Court of Appeals : Provided, 
That whenever a vacancy shall occur in said Court for any cause, 
the General Assembly shall have the power to reduce the num- 
ber of Judges and districts, but in no event shall there be less 
than three Judges and districts. Should a change in the num 
ber of the Judges of the Court of Appeals be made, the term of 
office and number of districts shall be so changed as to preserve 
the principle of electing one Judge every two years. 

Sec. 5. The Judges shall, by virtue of their offices, be conser- 
vators of the peace throughout the State. The style of all pro- 
cess shall be " The Commonwealth of Kentucky." All prosecu- 
tions shall be carried on in the name and by the authority of the 
Commonwealth of Kentucky, and conclude " against the peace 
and dignity of the same." 

Sec. 6. The Judges first elected shall serve as follows, to-wit: 
One shall serve until the first Monday in August, 1852 ; one until 
the first Monday in August, 1854; one until the first Monday in 
August, 1856, and one until the first Monday in August, 1858. 
The Judges, at the first term of the Court succeeding their elec- 






OF THE STATE OF KENTUCKY. 309 

tion, shall determine, by lot, the length of time which each ona 
shall serve, and at the expiration of the service of each an elec- 
tion in the proper district shall take place to fill the vacancy. 
The Judge having the shortest time to serve shall be styled the 
Chief Justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said Court from any cause, 
the Governor shall issue a writ of election to the proper district 
to fill such vacancy for the residue of the term : Provided, That 
if the unexpired term be less than one year, the Governor shall 
appoint a Judge to fill such vacancy. 

Sec. 8. No person shall be eligible to the office of Judge of 
the Court of Appeals who is not a citizen of the United States, a 
resident of the district for which he may be a candidate two 
years next preceding his election, at least thirty years of age, and 
who has not been a practicing lawyer eight years, or whose ser- 
vice upon the bench of any Court of record, when added to the 
time he may have practiced law, shall not be equal to eight 
years. 

Sec 9. The Court of Appeals shall hold its sessions at the Seat 
of Government, unless otherwise directed by law, but the Gen- 
eral Assembly may, from time to time, direct that said Court shall 
hold its sessions in any one or more of said districts. 

Sec. 10. The first election of the Judges and Clerk or Clerks 
of the Court of Appeals shall take place on the second Monday 
in May, 1851, and, thereafter, in each district as a vacancy may 
occur, by the expiration of the term of office; and the Judges 
of the said Court shall be commissioned by the Governor. 

Sec 11. There shall be elected, by the qualified voters of 
this State, a Clerk of the Court of Appeals, who shall hold his 
office from the first election until the first Monday in August, 
1858, and thereafter for the term- of eight years from and after 
his election; and should the General Assembly provide for 
holding the Court of Appeals in any one or more of said dis- 
tricts, they shall also provide for the election of a Clerk by the 
qualified voters of such district, who shall hold his office for 



* 



310 CIVIL GOVERNMENT 

eight years, possess the same qualifications, and be subject to 
removal in the same manner as the Clerk of the Court of Ap- 
peals ; but if the General Assembly shall, at its first or any other 
session, direct the Court of Appeals to hold its session in more 
than one district, a Clerk shall be elected by the qualified voters 
of such district. And the Clerk first provided for in this sec- 
tion shall be elected by the qualified voters of the other district 
or districts. The same principle shall be observed whenever 
the Court shall be directed to hold its sessions in either of the 
other districts. Should the number of Judges be reduced, the 
term of the office of Clerk shall be six years. 

Sec. 12. No person shall be eligible to the office of Clerk of 
the Court of Appeals unless he be a citizen of the United States, 
a resident of the State two years next preceding his election, of 
the age of twenty-one years, and have a certificate from the 
Judge of the Court of Appeals, or a Judge of the Circuit Court, 
that he has been examined by the Clerk of his Court, under his 
supervision, and that he is qualified for the office for which he 
is a candidate. 

Sec. 13. Should a vacancy occur in the office of Clerk of the 
Court of Appeals, the Governor shall issue a writ of election, 
and the qualified voters of the State, or of the district in which 
the vacancy may occur, shall elect a Clerk of the Court of Ap- 
peals, to serve until the end of the term for which such Clerk 
was elected : Provided, That when a vacancy shall occur from 
any cause, or the Clerk be under charges upon information, the 
Judges of the Court of Appeals shall have power to appoint a 
Clerk pro tem., to perform the duties of Clerk until such vacancy 
shall be filled, or the Clerk acquitted : And provided further, That 
no writ of election shall issue to fill a vacancy unless the unex- 
pired term exceed one year. 

Sec 14. The General Assembly 6hall direct, by law, the mode 
and manner of conducting and making due returns to the Sec- 
retary of State of all elections of the Judges and Clerk or Clerks 



OF THE STATE OF KENTUCKY. 311 

of the Court of Appeals, and of determining contested elections 
of any of these officers. 

Sec. 15. The General Assembly shall provide for an addi- 
tional Judge or Judges, to constitute with the remaining Judge 
or Judges, a special Court for the trial of such cause or causes as 
may, at any time be pending in the Court of Appeals, on the 
trial of which a majority of the Judges can not sit, on account 
of interest in the event of the cause, or on account of their 
relationship to either party, or when a Judge may have been 
employed in or decided the cause in the inferior Court. 

CONCERNING THE CIRCUIT COURTS. 

Sec 16. A Circuit Court shall be established in each county 
now existing, or which may hereafter be erected in this Com- 
monwealth. 

Sec 17. The Jurisdiction of said Court shall be and remain 
as now established, hereby giving to the General Assembly the 
power to change or alter it. 

Sec 18. The right to appeal or sue out a writ of error to the 
Court of Appeals shall remain as it now exists, until altered by 
law, hereby giving to the General Assembly the power to change, 
alter or modify said right. 

Sec 19. At the first session after the adoption of this Consti- 
tution, the General Assembly shall divide the State into twelve 
judicial districts, having due regard to business, territory, and 
population : Provided, That no county shall be divided. 

Sec 20. They shall, at the same time that the judicial dis- 
tricts are laid off, direct elections to be held in each district to 
elect a Judge for such district, and shall prescribe in what man- 
ner the election shall be conducted. The first election of Judges 
of the Circuit Court shall take place on the second Monday in 
May, 1851, and afterwards on the first Monday in August, 1856, 
and on the first Monday in August every sixth year thereafter. 

Sec 21. All persons qualified to vote for members of the 
General Assembly in each district, shall have the right to vote 
for Judges. 



312 CIVIL GOVERNMENT 

Sec. 22. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resident of the 
district for which he may be a candidate two years next preced- 
ing his election, at least thirty years of age, and who has not been 
a practicing lawyer eight years, or whose service upon the bench 
of any Court of record, when added to the time he may have 
practiced law, shall not be equal to eight years. 

Sec. 23. The Judges of the Circuit Court shall, after their 
first term, hold their office for the term of six years from the day 
of their election. They shall be commissioned by the Governor 
and continue in office until their successors be qualified, but 
shall be removable from office in the same manner as the Judges 
of the Court of Appeals, and the removal of a Judge from his 
district shall vacate his office. 

Sec 24. The General Assembly, if they deem it necessary, 
may establish one additional district every four years, but the 
judicial -districts shall not exceed sixteen until the population of 
this State shall exceed one million five hundred thousand. 

Sec. 25. The Judges of the Circuit Courts shall, at stated 
times, receive for their services an adequate compensation, to be 
fixed by law, which shall be equal and uniform throughout the 
State, and which shall not be diminished during the time for 
which they were elected. 

Sec 26. If a vacancy shall occur in the office of Judge of the 
Circuit Court, the Governor shall issue a writ of election to fill 
such vacancy for the residue of the term : Provided, That if the 
unexpired term be less than one year, the Governor shall 
appoint a Judge to fill such vacancy. 

Sec 27. The judicial districts of this State shall not be 
changed, except at the first session after an enumeration, unless 
when a new district may be established. 

Sec 28. The General Assembly shall provide by law for hold- 
ing Circuit Courts when, from any cause, the Judge shall fail to 
attend, or if in attendance, can not properly preside. 



OF THE STATE OF KENTUCKY. 313 

CONCERNING COUNTY COURTS. 

Sec. 29. A County Court shall be established in each county 
now existing or which may hereafter be erected within this Com- 
monwealth, to consist of a Presiding Judge and two Associate 
Judges, any two of whom shall constitute a Court for the trans- 
action of business : Provided, The General Assembly may, at any 
time, abolish the office of the Associate Judges whenever it shall 
be deemed expedient; in which event they may associate with 
said Court any or all of the Justices of the Peace for the trans- 
action of business. 

Sec. 30. The Judges of the County Courts shall be elected 
by the qualified voters in each county, for the term of four years, 
and shall continue in office until their successors be duly quali- 
fied, and shall receive such compensation for their services as 
may be provided by law. 

Sec. 31. The first election of County Court Judges shall take 
place at the same time of the election of Judges of the Circuit 
Court. The Presiding Judge first elected shall hold his office 
until the first Monday in August, 1854 ; the Associate Judges 
shall hold their offices until the first Monday in August, 1852, 
and until their successors be qualified ; and afterwards, elec- 
tions shall be held on the first Mondays in August in the years 
in which vacancies regularly occur. 

Sec. 32. No person shall be eligible to the office of Presiding 
or Associate Judge of the County Court, unless he be a citizen 
of the United States, over twenty-one years of age, and shall 
have been a resident of the county in which he shall be chosen 
one year and next preceding the election. 

Sec. 33. The jurisdiction of the County Court shall be regu- 
lated by law, and, until changed, shall be the same now vested 
in the County Courts of this State. 

Sec. 34. Each county in this State shall be laid off in districts 
of convenient size as the General Assembly may, from time to 
time direct. Two Justices of the Peace shall be elected in each 
district by the qualified voters therein, at such time and place 



314 CIVIL GOVERNMENT 

as may be prescribed by law, for the term of four years, whose 
jurisdiction shall be co-extensive with the county ; no person 
shall be eligible as a Justice of the Peace unless he be a citizen 
of the United States, twenty-one years of age, and a resident of 
the district in which he may be a candidate. 

Sec. 35. Judges of the County Court, and Justices of the 
Peace, shall be conservators of the peace. They shall be com- 
missioned by the Governor. County and district officers shall 
vacate their offices by removal from the district or county in 
which they shall be appointed. The General Assembly shall 
provide, by law, the manner of conducting and making due 
return of all elections of Judges of the County Court and Justices 
of the Peace, and for determining contested elections, and pro- 
vide the mode of filling vacancies in these offices. 

Sec 36. Judges of the County Court and Justices of the 
Peace, Sheriffs, Coroners, Surveyors, Jailers, County Assessor, 
Attorney for the county, and Constables shall be subject to 
indictment or presentment for malfeasance or misfeasance in 
office, or willful neglect in the discharge of their official duties, 
in such mode as may be prescribed by law, subject to appeal to 
the Court of Appeals; and, upon conviction their offices shall 
become vacant. 

Sec 37. The General Assembly may provide, by law, that 
the Justices of the Peace in each county shall sit at the Court 
of Claims, and assist in laying the county levy and making 
appropriations only. 

Sec 38. When any city or town shall have a separate repre- 
sentation, such city, or town, and the county in which it is 
located, may have such separate municipal courts and executive 
and ministerial officers as the General Assembly may, from time 
to time provide. 

Sec 39. The Clerks of the Court of Appeals, Circuit and 
County Courts, shall be removable from office by the Court of 
Appeals, upon information and good cause shown. The Court 



OF THE STATE OF KENTUCKY. 315 

shall be judges of the fact as well as of the law. Two-thirds of 
the members present must concur in the sentence. 

Sec. 40. The Louisville Chancery Court shall exist under 
this Constitution, subject to repeal, and its jurisdiction to 
enlargement and modification by the General Assembly. The 
Chancellor shall have the same qualifications as a Circuit £!ourt 
Judge, and the Clerk of said Court as a Clerk of a Circuit Court, 
and the Marshal of said Court as a Sheriff; and the General 
Assembly shall provide for the election, by the qualified voters 
within its jurisdiction, of the Chancellor, Clerk, and Marshal of 
said Court, at the same time that the Judge and Clerk of the 
Circuit Court are elected for the county of Jefferson; and they 
shall hold their offices for the same time, and shall be remov- 
able in the same manner ; Provided, That the Marshal of said 
Court shall be ineligible for the succeeding term. 

Sec. 41. The City Court of Louisville, the Lexington City 
Court, and all other Police Courts established in any city or 
town, shall remain until otherwise directed by law, with their 
present powers and jurisdictions; and the Judges, Clerks and 
Marshals of such Courts shall have the same qualifications, and 
shall be elected by the qualified voters of such cities or towns, 
at the same time, and in the same manner, and hold their offices 
for the same term, as county Judges, Clerks, and Sheriffs, 
respectively, and shall be liable to removal in the same manner. 
The General Assembly may vest judicial powers, for police pur- 
poses, in Mayors of cities, Police Judges, and Trustees of Towns. 

ARTICLE V. 

CONCERNING IMPEACHMENTS. 

Section 1. The House of Representatives shall have the sole 
power of impeachment. 

Sec 2. All impeachments shall be tried by the Senate. 
When sitting for t<hat purpose, the Senators shall be upon oath 
or affirmation. No person shall be convicted without the con- 
currence of two-thirds of the members present. 



316 CIVIL GOVERNMENT 

Sec. 3. The Governor and all civil officers shall be liable to 
impeachment for any misdemeanor in office ; but judgment in 
such cases shall not extend further than to removal from office 
and disqualification to hold any office of honor, trust, or profit 
under this Commonwealth ; but the party convicted shall never- 
theless be subject and liable to indictment, trial, and punishment 
by law. 

ARTICLE VI. 

concerning executive and ministerial officers for counties and 

districts- 
Section 1. A Commonwealth s Attorney for each judicial dis- 
trict, and a Circuit Court Clerk for each county, shall be elected, 
whose term of office shall be the same as that of the Circuit 
Judges ; also a County Court Clerk, an Attorney, Surveyor, Coro- 
ner and Jailer for each county, whose term of office shall be the 
same as that of the presiding Judge of the County Court. 

Sec 2. No person shall be eligible to the offices mentioned 
in this article who is not at the time twenty-four years old (ex- 
cept Clerks of County and Circuit Courts, Sheriffs, Constables 
and County Attorneys, who shall be eligible at the age of twenty 
one years), a citizen of the United States, and who has not resi- 
ded two years next preceding the election in the State, and one 
year in the county or district from which he is a candidate. No 
person shall be eligible to the office of Commonwealth's or 
County Attorney unless he shall have been a licensed practicing 
attorney for two years. No person shall be eligible to the office 
of Clerk unless he shall have procured from a Judge of the Court 
of Appeals, or a Judge of the Circuit Court, a certificate that he 
has been examined by the Clerk of the Court, under his super- 
vision, and that he is qualified for the office for which he is a 
candidate. 

Sec 3. The Commonwealth's Attorney and Circuit Court 
Clerks shall be elected at the same time as the Circuit Judges — 
the Commonwealth's Attorney by the qualified voters of the dis- 



OF THE STATE OF KENTUCKY. 317 

trict, the Circuit Court Clerk by the qualified voters of the county. 
The County Attorney, Clerk, Surveyor, Coroner and Jailer shall 
be elected at the same time and in the same manner as the pre- 
siding Judge of the County Court. 

Sec. 4. A Sheriff shall be elected in each county by the quali- 
fied voters thereof, whose term of office shall, after the first term, 
be two years, and until his successor be qualified ; and he shall 
be re-eligible for a second term; but no Sheriff shall, after the 
expiration of the second term, be re-eligible or act as deputy for 
the succeeding term. The first election of Sheriffs shall be on 
the second Monday in May, 1851; and the Sheriffs then elected 
shall hold their offices until the first Monday in January, 1853, 
and until their successors be qualified ; and on the first Monday 
in August, 1853, and on the first Monday of August in every 
second year thereafter, elections for Sheriff shall be held : Pro- 
vided, That the Sheriffs first elected shall enter upon the duties 
of their respective offices on the first Monday in June, 1851, and 
after the first election on the first Monday in January next suc- 
ceeding their election. 

Sec. 5. A Constable shall be elected in every Justice's district, 
who shall be chosen for two years, at such time and place as 
may be provided by law, whose jurisdiction shall be co-extensive 
with the county in which he may reside. 

Sec 6. Officers for towns and cities shall be elected for such 
term and in such manner, and with such qualifications, as may 
be prescribed by law. 

Sec. 7. Vacancies in offices under this article shall be filled 
until the next regular election, in such manner as the General 
Assembly may provide. 

Sec 8. When a new county shall be erected, officers for the 
same, to serve until the next stated election, shall be elected or 
appointed in such way and at such times as the General Assembly 
may prescribe. 

Sec 9. Clerks, Sheriffs, Surveyors, Coroners, Constables, and 
such other officers as the General Assembly may, from time to 



318 CIVIL GOVERNMENT 

time, require, shall, before they enter upon the duties of their 
respective offices, and as often thereafter as may be deemed 
proper, give such bond and security as shall be prescribed by law. 

Sec. 10. The General Assembly may provide for the election 
or appointment, for a term not exceeding four years, of such 
other county or district ministerial and executive officers as shall, 
from time to time, be necessary and proper. 

Sec 11. A County Assessor shall be elected in each county 
at the same time, and for the same term, that the presiding 
Judge of the County Court is elected, until otherwise provided 
for by law. He shall have power to appoint such assistants as 
may be necessary and proper. 

AKTICLE VII. 

CONCERNING THE MILITIA. 

Section 1. The Militia of this Commonwealth shall consist of 
all free, aole-bodied male persons (negroes, mulattoes, and Indi- 
ans excepted), resident in the same, between the age of eighteen 
and forty -five years, except such persons as now are, or hereafter 
may be, exempted by the laws of the United States or of this 
State ; but those who belong to religious societies, whose tenets 
forbid them to carry arms, shall not be compelled to do so, but 
shall pay an equivalent for personal service. 

Sec 2. The Governor shall appoint the Adjutant-General 
and his other staff officers ; the Major-Generals, Brigadier-Gen- 
erals, and Commandants of Regiments shall, respectively, ap- 
point their staff officers ; and Commandants of companies shall 
appoint their non-commissioned officers. 

Sec 3. All militia officers, whose appointment is not herein 
otherwise provided for, shall be elected by persons subject to 
military duty within their respective companies, battalions, 
regiments, brigades, and divisions, under such rules and regula- 
tions, and for such terms, not exceeding six years, as the General 
Assembly may, from time to time, direct and establish. 



OF THE STATE OF KENTUCKY. 319 

ARTICLE VIII. 

GENERAL PROVISIONS. 

Section 1. Members of the General Assembly and all officers, 
before they enter upon the execution of the duties of their 
respective offices, and all members of the bar, before they enter 
upon the practice of their profession, shall take the following 
oath or affirmation : I do solemnly swear (or affirm, as the case 
may be) that I will support the Constitution of the United 
States and the Constitution of this State, and be faithful and 
true to the Commonwealth of Kentucky so long as I continue a 
citizen thereof, and I will faithfully execute, to the best of my 

abilities, the office of according to law ; and I do further 

solemnly swear (or affirm) that since the adoption of the present 
Constitution I, being a citizen of this State, have not fought a 
duel with deadly weapons within this State, nor out of it, with 
a citizen of this State ; nor have I sent or accepted a challenge 
to fight a duel with deadly weapons with a citizen of this State ; 
nor have I acted as second in carrying a challenge, or aided or 
assisted any person thus offending, so help me God. 

Sec. 2. Treason against the Commonwealth shall consist only 
in levying war against it, or in adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, 
or his own confession in open Court. 

Sec. 3. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall have 
been elected, who shall be convicted of having given or offered 
any bribe or threat to procure his election. 

Sec. 4. Laws shall be made to exclude from office and from 
suffrage those who shall thereafter be convicted of bribery, per- 
jury, forgery, or other crimes or high misdemeanors. The privi- 
lege of free suffrage shall be supported by laws regulating elec- 
tions and prohibiting, under adequate penalties, all undue 
influence thereon from power, bribery, tumult or other improper 
practices. 



320 CIVIL G0VEKNME5T 

Sec. 5. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law ; nor shall any appro- 
priations of money for the support of an army be made for a 
longer time than two years; and a regular statement and ac- 
count of the receipts and expenditures of all public money shall 
be published annually. 

Sec. 6. The General Assembly may direct, by law, in such 
manner and in what Courts, suits may be brought against the 
Commonwealth. 

Sec 7. The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience of the 
deponent, and shall be esteemed by the General Assembly the 
most solemn appeal to God. 

Sec. 8. All laws which, on the first day of June, one thous- 
and seven hundred and ninety-two, were in force in the State of 
Virginia, and which are of a general nature, and not local to that 
State, and not repugnant to this Constitution, nor to the laws 
which have been enacted by the General Assembly of this Com- 
monwealth, shall be in force within this State until they shall be 
altered or repealed by the General Assembly. 

Sec 9. The compact with the State of Virginia, subject to 
such alterations as may be made therein agreeably to the mode 
prescribed by the said compact, shall be considered as part of 
this Constitution, 

Sec 10. It shall be the duty of the General Assembly to pass 
such laws as shall be necessary and proper to decide differences 
by arbitrators, to be appointed by parties who may choose that 
summary mode of adjustment. 

Sec 11. All civil officers for the Commonwealth at large shall 
reside within the State, and all district, county, or town officers 
within their respective districts, counties, or towns (trustees of 
towns excepted), and shall keep their offices at such places 
therein as may be required by law; and all militia officers shall 
in the bounds of the division, brigade, regiment, battalion, or 
company to which they may severally belong. 



OF THE STATE OF KENTUCKY. 321 

Sec. 12. Absence on the business of this State, or the United 
States, shall not forfeit a residence once obtained, so as to 
deprive any one of the right of suffrage, or of being elected or 
appointed to any office under this Commonwealth under the 
exceptions contained in this Constitution. 

Sec 13. It shall be the duty of the General Assembly to reg- 
ulate, by law, in what cases, and what deductions from the 
salaries of public officers shall be made for neglect of duty in 
their official capacity. 

Sec 14. Returns of all elections by the people shall be made 
to the Secretary of State for the time being, except in those 
cases otherwise provided for in this Constitution, or which shall 
be otherwise directed by law. 

Sec 15. In all elections by the people, and also by the Sen- 
ate and House of Representatives, jointly or separately, the 
votes shall be personally and publicly given, viva voce : Provided, 
That dumb persons entitled to suffrage may vote by ballot. 

Sec 16. All elections by the people shall be held between 
the hours of six o'clock in the morning and seven o'clock in the 
evening. 

Sec 17. The General Assembly shall, by law, prescribe the 
time when the several officers authorized or directed by this 
Constitution to be elected or appointed, shall enter upon the 
duties of their respective offices, except where the time is fixed 
by this Constitution. 

Sec 18. No member of Congress, nor person holding or exer- 
cising any office of trust or profit under the United States, or 
either of them, or under any foreign power, shall be eligible as 
a member of the General Assembly of this Commonwealth, or 
hold or exercise any office of trust or profit under the same. 

Sec 19. The General Assembly shall direct, by law, how per- 
sons who now are, or who may hereafter become, securities for 
public officers, may be relieved or discharged on account of 
such securityship. 



322 CIVIL GOVERNMENT 

Sec. 20. Any person who shall, after the adoption of this 
Constitution, either directly or indirectly, give, accept, or know- 
ingly carry a challenge to any person or persons, to fight in 
single combat with a citizen of this State, with any deadly wea- 
pon, either in or out of the State, shall be deprived of the right 
to hold any office of honor or profit in this Commonwealth, and 
shall be punished otherwise in such manner as the General 
Assembly may prescribe by law. 

Sec. 21. The Governor shall have power, after five years from 
the time of the offense, to pardon all persons who shall have in 
any wise participated in a duel, either as principals, seconds, or 
otherwise, and to restore him or them to all the rights, privil- 
eges, and immunities to which he or they were entitled before 
such participation. And upon the presentation of such pardon, 
the oath prescribed in the first section of this article shall be 
varied to suit the case. 

Sec. 22. At its first session after the adoption of this Consti- 
tution, the General Assembly shall appoint not more than three 
persons learned in the law, whose duty it shall be to revise and 
arrange the Statute Laws of this Commonwealth, both civil and 
criminal, so as to have but one law on any one subject; and also 
three other persons, learned in the law, whose duty it shall be 
to prepare a Code of Practice for the Courts, both civil and 
criminal, in this Commonwealth, by abridging and simplifying 
the rules of practice and laws in relation thereto ; all of whom 
shall, at as early a day as practicable, report the result of their 
labors to the General Assembly for their adoption or modifi- 
cation. 

Sec. 23. So long as the Board of Internal Improvement shall 
be continued, the President thereof shall be elected by the quali- 
fied voters of this Commonwealth, and hold the office for the 
term of four years, and until another be duly elected and quali- 
fied. The election shall be held at the same time and conducted 
in the same manner as the election of Governor of this Common- 
wealth under this Constitution; but nothing herein contained 



OF THE STATE OF KENTUCKY. 323 

shall prevent the General Assembly from abolishing said Board 
of Internal Improvement or the office of President thereof. 

Sec. 24. The General Assembly shall provide, by law, for the 
trial of any contested election of Auditor, Eegister, Treasurer, 
Attorney General, Judges of Circuit Courts, and all other officers 
not otherwise herein specified. 

Sec. 25. The General Assembly shall provide, by law, for the 
making of the returns, by the proper officers, of the election of 
all officers to be elected under this Constitution ; and the Gover- 
nor shall issue commissions to the Auditor, Eegister, Treasurer, 
President of the Board of Internal Improvement, Superintend- 
ent of Public Instruction, and such other officers as he may be 
directed by law to commission, as soon as he has ascertained the 
result of the election of those officers respectively. 

Sec 26. When a vacancy shall happen in the office of Attor- 
ney General, Auditor of Public Accounts, Treasurer, Eegister of 
the Land Office, President of the Board of Internal Improve- 
ment, or Superintendent of Public Instruction, the Governor, in 
the recess of the Senate, shall have power to fill the vacancy by 
granting commissions, which shall expire at the end of the next 
session, and shall fill the vacancy for the balance of the term by 
and with the advice and consent of the Senate. 

AETICLE IX. 

CONCERNING THE SEAT OF GOVERNMENT. 

Section 1. The Seat of Government shall continue in the city 
of Frankfort until it shall be removed by law : Provided, however, 
That two-thirds of all the members elected to each House of the 
General Assembly shall concur in the passage of such law. 

AETICLE X. 

CONCERNING slaves. 

Section 1. The General Assembly shall have no power to- 
pass laws for the emancipation of slaves without the consent of 



324 CIVIL GOVERNMENT 

their owners, or without paying their owners, previous to such 
emancipation, a full equivalent in money for the slaves so eman- 
cipated, and providing for their removal from the State. They 
shall have no power to prevent immigrants to this State from 
bringing with them such persons as are deemed slaves by the 
laws of any of the United States, so long as any person of the 
same age or description shall be continued in slavery by the laws 
of this State. They shall pass laws to permit owners of slaves 
to emancipate them, saving the rights of creditors, and to pre- 
vent them from remaining in this State after they are emanci- 
pated. They shall have full power to prevent slaves from being 
brought into this State as merchandise. They shall have 
full power to prevent slaves being brought into this State who 
have been, since the first day of January, one thousand seven 
hundred and eighty-nine, or may hereafter be imported into 
any of the United States from a foreign country. And they 
shall have full power to pass such laws as may be necessary to 
oblige the owners of slaves to treat them with humanity, to pro- 
vide for them necessary clothing and provisions, to abstain 
from all injuries to them, extending to life or limb; and in case 
of their neglect or refusal to comply with the directions of such 
laws, to have such slave or slaves sold, for the benefit of their 
owner or owners. 

Sec. 2. The General Assembly shall pass laws providing that 
any free negro or mulatto hereafter immigrating to, and any 
slave hereafter emancipated in and refusing to leave this State, 
or having left, shall return and settle within this State, shall 
be deemed guilty of felony, and punished by confinement in 
the penitentiary thereof. 

Sec. 3. In the prosecution of slaves for felony, no inquest by 
a grand jury shall be necessary, but the proceedings in such 
prosecutions shall be regulated by law, except that the General 
Assembly shall have no power to deprive them of an impartial 
trial by a petit jury. 



OF THE STATE OF KENTUCKY. 325 

ARTICLE XI. 

CONCERNING EDUCATION. 

Section 1. The capital of the fund called and known as the 
"Common School Fund," consisting of one million two hundred 
and twenty-five thousand seven hundred and sixty-eight dollars 
and forty-two cents, for which bonds have been executed by the 
State to the Board of Education, and seventy-three thousand 
five hundred dollars of stock in the Bank of Kentucky; also, 
the sum of fifty-one thousand two hundred and twenty-three 
dollars and twenty-nine cents, balance of interest on the school 
fund for the year 1848, unexpended, together with any sum 
which may be hereafter raised in the State by taxation or other- 
wise for purposes of education, shall be held inviolate, for the 
purpose of sustaining a system of common schools. The in- 
terest and dividends of said funds, together with any sum 
which may be produced for that purpose by taxation or other- 
wise, may be appropriated in aid of common schools, but for 
no other purpose. The General Assembly shall invest said fifty- 
one thousand two hundred and twenty-three dollars and twenty- 
nine cents in some safe and profitable manner; and any portion 
of the interest and dividends of said school fund, or other 
money or property raised for school purposes, which may not be 
needed in sustaining common schools, shall be invested in like 
manner. The General Assembly shall make provision, by law, 
for the payment of the interest of said school fund: Provided, 
That each county shall be entitled to its proportion of the in- 
come of said fund, and if not called for for common school pur- 
poses, it shall be re-invested from time to time for the benefit of 
such county. 

Sec 2. A Superintendent of Public Instruction shall be 
elected by the qualified voters of this Commonwealth at the 
same time the Governor is elected, who shall hold his office for 
four years; and his duties and salary shall be prescribed and 
fixed by law. 



326 CIVIL GOVERNMENT 

ARTICLE XII. 

MODE OF REVISING THE CONSTITUTION. 

Section. 1. When experience shall point out the necessity of 
amending the Constitution, and when a majority of all the mem- 
bers elected to each House of the General Assembly shall, within 
the first twenty days of any regular session, concur in passing a 
law for taking the sense of the good people of this Common- 
wealth, as to the necessity and expediency of calling a conven- 
tion, it shall be the duty of the several Sheriffs, and other offi- 
cers of elections, at the next annual election which shall be held 
for Representatives to the General Assembly, after the passage 
of such law, to open a poll for, and make return to the Secretary 
of State, for the time being, of the names of all those entitled to 
vote for Representatives who have voted for calling a Conven- 
tion ; and if, thereupon, it shall appear that a majority of all the 
citizens of this State, entitled to vote for Representatives, have 
voted for calling a Convention, the General Assembly shall, at 
their next regular session, direct that a similar poll shall be 
opened and return made for the next election for Representa- 
tives; and if, thereupon, it shall appear that a majority of all the 
citizens of this State entitled to vote for Representatives have 
voted for calling a Convention, the General Assembly shall, at 
their next session, pass a law calling a Convention, to consist of 
as many members as there shall be in the House of Representa- 
tives and no more, to be chosen on the first Monday in August 
thereafter, in the same manner and proportion, and at the same 
places, and possessed of the same qualifications of a qualified 
elector, by citizens entitled to vote for Representatives, and to 
meet within three months after their election for the purpose of 
readopting, amending, or changing the Constitution; but if it 
shall appear by the vote of either year, as aforesaid, that a ma- 
jority of all the citizens entitled to vote for Representatives did 
not vote for calling a Convention, a Convention shall not then be 
called. And for the purpose of ascertaining whether a majority 
of the citizens, entitled to vote for Representatives, did or did 



OF THE STATE OF KENTUCKY. 327 

not vote for calling a Convention, as above, the General Assem- 
bly passing the law authorizing such vote shall provide for ascer- 
taining the number of citizens entitled to vote for Representa- 
tives within the State. 

Sec. 2. The Convention, when assembled, shall judge of the 
election of its members and decide contested elections, but the 
General Assembly shall, in calling a Convention, provide for tak- 
ing testimony in such cases, and for issuing the writ of election 
in case of a tie. 

ARTICLE XIII. 

BILL OF RIGHTS. 

That the general, great, and essential principles of liberty and 
free government may be recognized and established, we declare — 

Section 1. That all freemen, when they form a social com- 
pact, are equal, and that no man, or set of men, are entitled to 
exclusive, separate public emoluments or privileges from the 
community but in consideration of public services. 

Sec 2. That absolute, arbitrary power over the lives, liberty, 
and property of freemen exists nowhere in a Republic, not even 
in the largest majority. 

Sec 3. The right of property is before and higher than any 
constitutional sanction; and the right of the owner of a slave to 
such slave, and its increase, is the same, and as inviolable as the 
right of any property whatever. 

Sec 4. That all power is inherent in the people, and all free 
governments are founded on their authority, and instituted for 
their peace, safety, happiness and the protection of property. 
For the advancement of these ends they have, at all times, an 
inalienable and indefeasible right to alter, reform, or abolish 
their government, in such manner as they may think proper. 

Sec 5. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
consciences ; that no man shall be compelled to attend, erect, or 
support any place of worship, or to maintain any ministry 



328 CIVIL GOVERNMENT 

against his consent; that no human authority ought, in any case 
whatever, to control or interfere with the rights of conscience; 
and that no preference shall ever be given, by law, to any reli- 
gious societies or modes of worship. 

Sec. 6. That the civil rights, privileges, or capacities of any 
citizen shall in nowise be diminished or enlarged on account of 
his religion. 

Sec. 7. That all elections shall be free and equal. 

Sec 8. That the ancient mode of trial by jury shall be held 
sacred, and the right thereof remain inviolate, subject to such 
modifications as may be authorized by this Constitution. 

Sec. 9. That printing presses shall be free to every person 
who undertakes to examine the proceedings of the General 
Assembly, or any branch of Government ; and no law shall ever 
be made to restrain the right thereof. The free communication 
of thoughts and opinions is one of the invaluable rights of man, 
and every citizen may freely speak, write, and print on any 
subject, being responsible for the abuse of that liberty. 

Sec. 10. In prosecutions for the publication of papers inves- 
tigating the official conduct of officers, or men in a public 
capacity, or where the matter published is proper for public 
information, the truth thereof may be given in evidence; and in 
all indictments for libels, the jury shall have a right to deter- 
mine the law and the facts under the direction of the Court, as 
in other "cases. 

Sec. 11. That the people shall be secure in their persons, 
houses, papers, and possessions from unreasonable seizures and 
searches, and that no warrant to search any place or to seize 
any person or thing shall issue without describing them as 
nearly as may be, nor without probable cause, supported by oath 
or affirmation. 

Sec 12. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and counsel; to demand the 
nature and cause of the accusations against him; to meet the 
witnesses face to face ; to have compulsory process for obtaining 



OF THE STATE OF KENTUCKY. 329 

witnesses in his favor; and in prosecutions by indictment or 
information, a speedy public trial by an impartial jury of the 
vicinage; that he cannot be compelled to give evidence against 
himself; nor can he be deprived of his life, liberty, or property, 
unless by the judgment of his peers, or the law of the land. 

Sec. 13. That no person shall, for any indictable offense, be 
proceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service, in time of war or of public danger, or by leave of 
the Court, for oppression or misdemeanor in office. 

Sec. 14. No person shall, for the same offense, be twice put 
in jeopardy of his life or limb; nor shall any man's property be 
taken or applied to public use without the consent of his repre- 
sentatives and without just compensation being previously made 
to him. 

Sec 15. That all Courts shall be open, and every person, for 
an injury done him in his lands, goods, person, or reputation, 
shall have remedy by the due course of law, and right and jus- 
tice administered without sale, denial, or delay. 

Sec 16. That no power of suspending laws shall be exercised, 
unless by the General Assembly or its authority. 

Sec 17. That excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel punishment inflicted. 

Sec 18. That all prisoners shall be bailable by sufficient secu- 
rities, unless for capital offenses, when the proof is evident or 
presumption great; and the privilege of the writ of habeas corpus 
shall not be suspended, unless when, in case of rebellion or inva- 
sion, the public safety may require it. 

Sec 19, That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in prison 
after delivering up his estate for the benefit of his creditors in 
such manner as shall be prescribed by law. 

Sec 20. That no ex post facto law, nor any law impairing con- 
tracts, shall be made. 



330 CIVIL GOVEKNMENT 

Sec. 21. That no person shall be attainted of treason or felony 
by the General Assembly. 

Sec. 22. That no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate 
to the Commonwealth. 

Sec. 23. That the estates of such persons as shall destroy their 
own lives shall descend or vest as in case of natural death ; and 
if any person shall be killed by casualty, there shall be no for- 
feiture by reason thereof. 

Sec 24. That the citizens have a right, in a peaceable man- 
ner, to assemble together for their common good, and to apply 
to those invested with the powers of government for redress of 
grievances, or other proper purposes, by petition, address, or 
remonstrance. 

Sec. 25. That the rights of the citizens to bear arms in 
defense of themselves and of the State shall not be questioned ; 
but the General Assembly may pass laws to prevent persons 
from carrying concealed arms. 

Sec. 26. That no standing army shall, in time of peace, be 
kept up, without the consent of the General Assembly ; and the 
military shall, in all cases and at all times, be in strict subordi- 
nation to the civil power. 

Sec. 27. That no soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

Sec. 28. That the General Assembly shall not grant any title 
of nobility or hereditary distinction, nor create any office, th<* 
appointment to which shall be for a longer time than for a term 
of years. 

Sec. 29. That emigration from the State shall not be prohibited. 

Sec. 30. To guard against transgressions of the high powers 
which we have delegated, we declare, that everything in this 
article is excepted out of the general powers of government, and 
shall forever remain inviolate ; and that all laws contrary thereto, 
or contrary to this Constitution, shall be void. 



OF THE STATE OF KENTUCKY. 331 

SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments made in the Constitution of this Commonwealth, 
and in order to carry the same into complete operation, it is 
hereby declared and ordained : 

Section 1. That all the laws of this Commonwealth in force at 
the adoption of this Constitution, and not inconsistent therewith, 
and all rights, actions, prosecutions, claims, and contracts, as 
well of individuals as of bodies corporate, shall continue as if 
this Constitution had not been adopted. 

Sec 2. The oaths of office herein directed to be taken may 
be administered by any Judge or Justice of the Peace, until the 
General Assembly shall otherwise direct. 

Sec 3. No office shall be superseded by the adoption of this 
Constitution, but the laws of the State relative to the duties of 
the several officers, legislati/e, executive, judicial, and military, 
shall remain in full force, though the same be contrary to this 
Constitution, and the several duties shall be performed by the 
respective officers of the State according to existing laws, until 
the organization of the government, as provided under this Con- 
stitution, and the entering into office of the officers to be elected 
or appointed under said government, and no longer. 

Sec 4. It shall be the duty of the General Assembly, which 
shall convene in the year 1850, to make an apportionment of the 
representation of this State, upon the principle set forth in this 
Constitution ; and until the first apportionment' shall be made 
as herein directed, the apportionment of Senators and Repre- 
sentatives among the several districts and counties in this State 
shall remain as at present fixed by law : Provided, That on the 
first Monday in August, 1850, all Senators shall go out of office, 
and on that day an election for Senators and Representatives 
shall be held throughout the State, and those then elected shall 
hold their offices for one year, and no longer : Provided, further, 



332 CIVIL GOVERNMENT 

That at the elections to be held in the year 1850, that provision 
in this Constitution which requires voters to vote in the precinct 
within which they reside shall not apply. 

Sec. 5. All recognizances heretofore taken, or which may be 
taken before the organization of the judicial department under 
this Constitution, shall remain as valid as though this Constitu- 
tion had been adopted, and may be prosecuted in the name of 
the Commonwealth. All criminal prosecutions and penal actions 
which have arisen, or may arise before the reorganization of the 
judicial department under this Constitution, may be prosecuted 
to judgment and execution in the name of the Commonwealth. 



We, the representatives of the freemen of Kentucky, in con- 
vention assembled, in their name, and by the authority of the 
Commonwealth of Kentucky, and by virtue of the powers vested 
in us as delegates from the counties respectively affixed to our 
names, do ordain and proclaim the foregoing to be the Constitu- 
tion of the Commonwealth of Kentucky from and after this day. 

Done at Frankfort this eleventh day of June, in the year of 
our Lord one thousand eight hundred and fifty, and in the forty- 
ninth year of the Commonwealth. 

James Guthrie, 

President of the Convention and Member from the City of Louisville. 

Attest : 

Tho. J. Helm, Secretary of the Convention. 
Tho. D. Tilford, Assistant Secretary, &c. 



EARLY HISTORY OF KENTUCKY. 



The earliest exploration of Kentucky was made by John Finley 
and a few companions from North Carolina in 1767. In 1769 Daniel 
Boone, Finley, and four others visited the region, and in 1770 Col. 
James Knox, with a party from Southwest Virginia, explored the 
country along the Cumberland and Green rivers In 1774 James 
Harrod built a log cabin on the present site of Harrodsburg, and the 
next year he established a station there. The fort at Boonesborough 
was built by Daniel Boone in 1775. 

The country of Kan-tuck-kee, "the dark and bloody ground," was 
not occupied by the aborigines except as a common hunting ground 
for the tribes north and south of it. The intrusion of white settle- 
ments met with determined and bloody opposition. In 1775 Boone 
concluded a treaty with the Cherokees at Wataga, by which Kentucky 
was sold to Col. Bichard Henderson and his company. In 1776 Ken- 
tucky was made a county of Virginia, and in 1777 the first court was 
held at Harrodsburg. In 1783 Kentucky was formed into one dis- 
trict, and a district court established. In 1790 it became a separate 
territory, and in 1792 it was admitted as a State into the Union. 
The second constitution took effect in 1800, and continued in force 
till the adoption of the present one in 1850. 

At the beginning of the civil war, Kentucky assumed a position of 
neutrality, and determined to resist the invasion of the state by 
either the Federal or the Confederate forces. The requisition upon 
Kentucky for volunteers, made by the secretary of war immediately 
after the attack on Fort Sumter, was met by a refusal on the part 
of Governor Magoffin to furnish any troops ; but recruiting for the 
national service was carried on at Camp Dick Robinson in Garrard 
county, and at other places. Governor Magoffin protested against 
this, and urged the general government to withdraw these forces from 
the State, which President Lincoln refused to do. At elections held 

(333) 



334 EARLY HISTOEY OF KENTUCKY. 

in May and June it was shown that a great majority of the people 
were in favor of the Union. 

Early in September the State was invaded by a strong Confederate 
force from Tennessee, under Gen. Polk, who occupied and fortified 
Hickman and Columbus, important points on the Mississippi river. 
About the same time a Confederate force under Gen. Zollicofier ad- 
vanced from Tennessee into Southeast Kentucky, and Bowling Green 
was occupied by a large body of Confederate troops under command 
of Gen. Buckner. Federal forces also began to concentrate at several 
points in large numbers. During the latter part of 1861 there were 
numerous skirmishes and unimportant engagements between the 
opposing forces in the State. In November two hundred persons 
assembled in convention at Eussellville, then within the Confederate 
lines, and organized a provisional government. 

In January, 1862, Gen. Buell, having concentrated a large army 
at Louisville, sent a division under Gen. George H. Thomas to Ken- 
tucky. In the battle of Mill Spring (January 19) which ensued, the 
Confederate forces were defeated, and Gen. Zollicofier was killed. 
After the capture of Fort Donelson by Gen. Grant, the Confederate 
forces withdrew from the State. In September Gen. Bragg, at the 
head of a large Confederate force, invaded Kentucky from East Ten- 
nessee, and advanced rapidly toward Louisville. By forced marches 
Gen. Buell got between Louisville and Bragg's army, and on Oc- 
tober 8 a battle was fought at Perryville, Boyle county, with heavy 
loss on both sides. Bragg then withdrew from the State. Kentucky 
continued to be disturbed by raids, and martial law was declared by 
President Lincoln, July 5, 1864. The civil authority was restored by 
President Johnson, October 18, 1865. 



INDEX 



The References are to Sections, unless the Page is indicated. 



Absolute power, 228, 

Academy, military, 175 ; naval, 178. 

Acts, public, 192. 

Adjournment of Congress, 112: General Assembly, 294. 

Agriculture, Commissioner of, 345; Department of, 180; Secretary of , 172, 180. 

Alien, 20, 122. 

Allegiance, 218. 

Ambassadors, 173. 

Anarchy, 12. 

Appeals, Court of, Judges, 351 ; districts, 351 ; term of Judge, 351 ; salary, 351 ; 

Chief-Justice, 351 ; terms of court, 352 ; jurisdiction, 353 ; Clerk of, election, 

354, term, 354 ; duties, 355 ; Sergeant of, appointment, 356, term, 356, bond, 356, 

compensation, 356, duties, 357 ; Keporter of, appointment, 358, term, 358, 

duties, 359, compensation, 359. 
Appointments by the President, 168. 
Appropriations, 144. 
Arbitrations, 44. 

Aristocracy, 8 ; hereditary, 8 ; elective, 8. 
Army, 133 ; standing, 246. 
Arson, 42. 
Articles of Confederation submitted, 79; adopted, 79; ratified, 79; provisions of, 

80 : defects of, 81 ; text of, page 169. 
Assembling and petitioning, 244. 
Assembly, General, 262—282. 
Assessor, election, 377 ; term, 377 ; assistants, 377 ; oath and bond, 377 ; duties, 

378 ; compensation, 379. 
Associate Justices of the Supreme Court of the United States, 182. 
Attainder, 243; bill of, 47, 139. 
Attorney-General of the United States, 172, 176; of the State, election, 360, 

term, 360. duties. 361, compensation, 362. 
Attorneys, 350 : United States District, 176. 
Auditor of Public Accounts, election. 312; term. 312; oaths and bond, 313; 

qualifications, 314 ; duties, 315 ; residence, 315 ; records, 316 ; reports, 317 ; 

Compensation, 318. 
Authority, Source of, 216. 

B 
Bail or fine, excessive, 238. 
Ballot-box, 56, 59. 
Banishment, 19. 
Bank notes, 124. 
Bankruptcy, 123. 
Banks, 45. 

Bill of Rights, National, 201 ; State, 201, 227. 
Bills, how passed by General Assembly, 279. 
Blood, corruption of, 47. 
Bribe, 251. 

(335) 



336 INDEX. 



Cabinet of President, 171—180 ; appointment, 172 ; members, 172 ; salary, 172 ; 
Department of State, 173; Department of the Treasury, 174; Department of 
War, 175; Department of Justice, 176; Post-office Department, 177 : Depart- 
ment of the Navy, 178; Department of the Interior, 179: Department of Ag- 
riculture, 180. 

Capital, 24. 

Capitation tax, 141. 

Census, 90, 179. 

Certificates, gold, 124; silver, 124. 

Chaplain of the House of Eepresentatives, 94 ; of the Senate, 103. 

Chief-Justice of the Supreme Court of the United States, 182. 

Children, education of, 63. 

Circuit Court, circuits, 398; Judges, election, 398, term, 398, salary, 398; who 
eligible as Circuit Judge, 399 ; terms of court, 400 ; jurisdiction, 401 ; record, 
402. 

Circuit Court Clerk, election, 392; term, 392; oath and bond, 392; powers and 
duties, 393; compensation, 394. 

Circuits, United States, 183. 

Citizen, 20; native-born, 20 ; naturalized, 20. 

Citizens, 49 ; privileges of, 193. 

Citizenship, 22, 49. 

City Council, wards. 446 ; meetings, 447 ; presiding officer, 447 ; ordinances, 448 ; 
other powers, 449. 

City, Distribution of powers, 445. 

City Officers, Mayor, 447, 450, 457 ; Clerk, 451 ; Treasurer, 452 ; Marshal, 453 ; 
Street Commissioner, 454 ; Engineer, 455 ; School Trustees, 456 : Attorney, 
458. 

Civil Government, Study of, 60. 

Civil Service Commission, 162. 

Claims, United States Court of, 185. 

Clerk of the House of Representatives, 94. 

Code, 18. 

Colonial dependency, 14. 

Colonial governments, kinds of, 69—72. 

Colonies, settlement, 67, 68 ; subject to Great Britain, 68 ; thirteen original, 67. 

Commander-in-Chief of Army and Navy, 165, 291. 

Commerce, regulation of, 121. 

Committees in Congress, 117. 

Commonwealth's Attorney, election, 411 ; term, 411; duties, 412; compensation, 
413. 

Confederation, Articles of, 79-81, 84 ; New England, 73. 

Congress, First Continental, 76 ; Second Continental, 77 ; Stamp Act, 75. 

Congress, powers denied to, slave trade, 137 ; habeas corpus, 138 ; bill of attain- 
der, 139; ex post facto law, 140; capitation tax, 141; export duties, 142; 
internal free trade, 143; appropriations, 144; title of nobility, 145; gifts to 
public officers, 146. 

Congress, provisions common to both Houses, 105—117 ; sessions, 105, long, 105, 
short, 105, extra, 105, open, 110 ; quorum, 106 ; members, control of, 107, 
privileges of, 114, ineligibility of, 115; contested elections, 108; journal, 109 ; 
voting, 111 ; adjournment, 112 ; manner of making laws, 116 ; committees, 
117 ; powers of, 118—136 ; not limited to specific powers, 118 ; taxes and du- 
ties, 119 ; borrow money, 120 ; regulate commerce, 121 ; naturalization, 122 ; 
bankruptcy, 123 ; coin money, 124 ; weights and measures, 125 ; counterfeit- 
ing, 126 ;. post-offices, 127 ; patents and copyrights, 128 ; inferior courts, 129 ; 
piracy, 130 ; war, 131 ; letters of marque and reprisal, 132; army and navy, 
133 ; militia, 134 ; seat of government, 135 ; supreme power, 136. 

Congress, what constitutes, 89. 

Congressional districts, 90. 

Conquest, 43. 

Constable, election, 432 ; term, 432 ; jurisdiction, 432 ; oath and bond, 432 ; pow- 
ers and duties, 433 ; compensation, 434. 



INDEX. 337 

Constitution of the United States, adoption, 85 ; a compromise, 86 ; nature of, 
87; supreme law, 87 : amendments to, 200—214; how made, 200; number 
and character, 201 : first amendment, 202 ; second and third amendments, 
203 ; fourth amendment, 204 ; fifth and sixth amendments, 205 ; seventh 
amendment, 206 ; eighth amendment, 207 ; ninth amendment, 208 ; tenth 
amendment, 209 ; eleventh amendment, 210 ; twelfth amendment, 211 ; 
thirteenth amendment, 212 ; fourteenth amendment, 213 ; fifteenth amend- 
ment, 214 ; text of the Constitution, page 179. 

Constitution, State, amendments, 282 ; text of, page 294. 

Constitutions, 7, 16 ; written, 16 ; unwritten, 16 ; two constitutions, 223. 

Consuls, 168, 173. 

Convention, Annapolis, 83 ; Philadelphia, 84. 

Copyrights, 128. 

Coroner, 34 ; election, 373 ; term, 373 ; oath and bond, 373 ; duties, 374 ; acting 
as Sheriff, 375 ; compensation, 376. 

Counterfeiting, 126. 

Counties, 368; two or more voting together, 260. 

County Attorney, election, 414 ; term, 414 ; duties, 415 ; compensation, 416. 

County Court, Judge of, 403, election, 403, term, 403, compensation, 403 ; who 
eligible as County Judge, 404; terms of court, 405; jurisdiction, 406; record, 
407. 

County Court Clerk, election, 395 ; term, 395 ; oath and bond, 395 ; powers and 
duties, 396 ; compensation, 397. 

County Seat, 368. 

County Superintendent, election, 386; term, 386; oath and bond, 386; qualifi- 
cations, 387 ; who not eligible, 388 ; powers and duties, 389 ; compensation, 
390 ; member Board of Examiners, 391. 

Court of Claims, County, 410 ; United States, 185. 

Courts, inferior, 129; open, 237; Territorial, 186; military, 186; of impeach- 
ment, 186 ; courts-martial, 186. 

Currency, 45. 

Czar, 11. 

D 

Declaration of Independence, 78 ; introduced, 78 ; adopted, 78 ; text of, page 164 

Declaration of Rights, 75. 

Deeds, Commissioners of, 346. 

Delegates from Territories in Congress, 95. 

Democracy, 9 ; pure, 9 ; republican, 9. 

Despot, 16. 

Despotism. 7. 

Disfranchised, 21. 

Disfranchisement, 19. 

Distinction between Government and State, 13. 

Distribution of Power in the District. 428. 

District Courts of the United States, 184. 

District, distribution of power in, 428. 

Districts, 427 ; Congressional, 90; Representative, 265. 

Domain, eminent, 53. 

Door-keeper of the House of Representatives, 94 ; of the Senate, 103 

Duchy, 11. 

Duke, 11. 

Duties, export, 142, 

Duties and Taxes, 119. 

E 

Early History of Kentucky, page 333. 

Education, 46; Bureau of, 179; compulsory, 46; of children, 63; State Board of, 

members, 331, president, 332, time of meeting, 333, powers and duties, 334. 
Elections, 232 ; contested, 108 ; officers of, 253 ; time of holding, 249. 

Electoral College, meeting of, 151; intention of, 155; what constitutes, 155. 



338 INDEX. 

Electorate, 11. 

Electors, 7, 150, 

Emancipation, 27. 

Emigration, 248. 

Eminent domain, 53. 

Emperor, 11. 

Empire, 11. 

Empress, 11. 

Enterprises, public, 62. 

E pluribns uunm, 220. 

Equality of men, 227. 

Equalization, State Board of, election, 335 ; term, 335 ; oath, 336 ; meetings, 337 ; 

duties, 337 ; duties of Secretary in vacation, 328 ; compensation, 339. 
Examiners, County Board of, 391, 
Execution, 19, 41, 

Executive power, National, how vested, 149 ; State, how vested, 283. 
Executive session, 167. 
Export duties, 142. 
Ex post facto law, 48, 140, 242, 
Extradition, 194. 

F 

Federal Constitution, adoption of, 85 ; a compromise, 86 ; nature of, 87 ; supreme 

law, 87. 
Federal Government, supremacy of, 218. 
Fine, 19, 41. 

Fine or bail, excessive, 238. 
Fines and forreitures, 290. 
Fraud, 42. 

Freedom of press and speech, 234. 
Free trade, internal, 143. 
Fugitives from justice, 194. 
Functions, divisions of, 15 ; of State and Federal Governments, 217, 226. 

G 

General Assembly, 262—282; sessions, 268; members of, compensation, 269, 
privileges, 270 ; ineligibility to membership, 271 ; ineligibility of members 
to other offices, 272 ; quorum, 273 ; election of members, 274 ; rules and pun- 
ishments, 275; officers, 276; journal, 277; adjournment, 278; bills, how 
passed, 279 ; impeachment, 280 ; election of United States Senator, 281 ; 
amendments to State Constitution, 282. 

General welfare, promoting, 45. 

Gifts to public officers, 146. 

Glossary, page 199. 

Gold certificates, 124, 

Government, 3, 13; charter, 72; civil, 4; colonial, 12, 69; defense of, 54; depart- 
ments of, 5 ; desire for stronger, 82 ; functions of, 5 ; kinds of, 6 ; objects of, 
26 ; of the United States, 222 ; other forms of, 12 ; proprietary, 71 ; provin- 
cial, 70 ; republican form of, 197 ; seat of, 9, 135 ; support of, 50 ; three depart- 
ments of, 88 ; tribal, 12 ; mixed, 10. 

Governments of the World, outline of, page 29. 

Governor, election, 284; term, 285; qualifications, 286 ; commencement and ter- 
mination of service, 287; persons ineligible, 288; compensation, 289; pow- 
ers, 290 ; military powers, 291 ; vacancies, 292 ; messages, 293 ; may convene 
or adjourn General Assembly, 294 ; general duty, 295 ; officers appointed 
by, State Inspector and Examiner, 341, State Board of Pharmacy, 342, 
Railroad Commissioners, 343, State Board of Health, 344, Commissioner of 
Agriculture, Horticulture, and Statistics, 345, Commissioners of Deeds, 346, 
Notaries Piiblic, 347. 

Grand Duchy, 11. 

Grand Duke, 11. 

Grand Jurors, drawing, 419 ; qualifications, 421 ; duties, 423. 

Greenbacks, 124. 



INDEX. 339 

H 
Habeas corpus, 39, 138, 240. 

Health, Board of, 36 ; public, 30 ; State Board of, 344. 
History of Kentucky, Early, page 333. 
Horticulture, Commissioner of, 345. 
House, upper, 89 ; lower, 89. 
House of Representatives, 90 ; officers, 94 ; Speaker, 94 ; Clerk, 94 ; Sergeant- 

at-Arms, 94 ; Door-keeper, 94 ; Postmaster, 94 ; Chaplain, 94 ; special powers, 

96; vacancies, 93. 



Impeachment of National officers, 96, 104 ; of State officers, 280. 

Imprisonment, 19, 41 ; for debt, 241. 

Inauguration Day, 157. 

Independence, Declaration of, 78. 

Indians, 179. 

Indictment, 189, 424. 

Individuals of society, 25. 

Inquests, 34. 

Inspector and Examiner, State, 341. 

Interior, Department of, 179 ; Secretary of, 172. 

International Law, 44. 

Interstate Commerce Bill, 121. 

J 

Jailer, election, 380 ; term, 380 ; oath and bond, 380 ; duties, 381 ; residence, 381 : 
compensation. 382. 

Journals of Houses of Congress, 109. 

Judges, United States, appointment of, 188 ; salaries, 188 ; term, 188. 

Judicial power of the State, how vested, 348. 

Judicial power of the United States, 181—190 ; how vested, 181 ; Supreme Court. 
182, Chief-Justice, 182, Associate Justices, 182, jurisdiction, 182; Circuit 
Courts, 183 ; District Courts, 184 ; Court of Claims, 185 ; other courts, 186 ; 
jurisdiction of United States courts, 187 ; United States Judges, 188 ; crimi- 
nal trials, 189 ; treason, 190. 

Jurisdiction, 349 ; original, 349 ; appellate, 349 ; exclusive, 349. 

Jurors, Grand, 419, 421, 423 ; Petit, 418, 420, 422. 

Jury, 189 ; Grand, 419, 421, 423 ; Petit, 418, 420, 422. 

Jury Commissioners, 417. 

Justice, Department of, 176. 

Justices of the Peace, election, 435; term, 435; oath and bond, 435; jurisdic- 
tion, 436 ; powers and duties, 437 ; compensation, 438. 

K 

Kentucky, early history of, page 333. 
King, 11. 
Kingdom, 11. 

L 

Law, ex post facto, 48, 140, 242 ; International, 44 ; martial, 4; of Nations, 44; su- 
preme, 16, 198. 

Laws. 17; code of, 18; common, 17; statute, 17; unconstitutional, 17; manner 
of making, 116. 

Legislative officers of the District, 429. 

Legislative Power of the Nation, how vested, 89 ; of the State, how vested, 262; 
of the County, how vested, 369 ; of the District, how vested, 429. 

Legislators, 9. 

Letters of marque and reprisal, 132. 



340 INDEX. 

Libel, 37. 

Liberty, civil, 40 : personal, 38 ; religious, 231. 

Librarian of the Senate, 103. 

Licenses, 396. 

Lieutenant-Governor, election, 296: qualifications, 296 ; term, 296; duties, 297; 

when to act as Governor, 298 ; compensation, 299. 
Light-houses, 35. 

M 
Majority rule, 22. 

Marque and reprisal, letters of, 132. 
Marshals, United States, 176. 
Martial law, 4. 

Metric system of weights and measures, 125. 
Metropolis, 24. 
Mikado, 11. 

Military Academy at West Point, 175. 
Military power, 245. 
Militia, 134. 
Ministers, 168. 
Monarch, 7. 

Monarchies, kinds of, 11. 

Monarchy, 7;. absolute, 7; limited, 7; hereditary, 7: elective, 7. 
Money, definition of, 124; borrowing, 120; coinage of. 124. 
Morality, 65. 

Moral nature of political duties, 58. 
Murder, 33. 

N 
Naturalization, 122. 
Naval Academy at Annapolis, 178. 
Navigation Acts, 74. 

Navy, 133 ; Department of, 17S ; Secretary of, 172. 
Necessity for City and Town Governments, 439. 
New England Confederation, 73. 
Nobility, title of, 145, 247. 
Notaries Public, 347. 

O 
Oath of office, 199. 
Obedience to law, 51. 
Occupation, 66. 

Office, disqualification for holding 251. 
Officers of Elections, appointment, 253 ; notice to, 254 ; oaths of, 254 ; duties of, 

257. 
Oligarchy, 8. 

One Government in two spheres, 222. 
Our GovernmenVpeculiarity of, 215 ; perpetuity of, 226. 

P 
Pains and penalties, bill of, 47 
Pardons and reprieves, 166, 290. 
Parties, political, SO, 61. 
Patents, 128, 179. 
Patriot, 55. 
Patriotism, 55. 

Peculiarity of our Government, 215. 
Penalties and pains, bill of, 47. 
Penalty, 19. 
Pensions, 179. 

Perpetuity of our Government, 226. 
Personal property, 42. 

Petit Jurors, drawing, 418 ; qualifications, 420 : duties. 422. 
Petitioning and assembling, 244. 
Pharmacy, State Board of, 342. 



INDEX. 341 

Piracy, 130. 

Political duties, moral nature of, 58. 

Poll-books, Board to Examine, 258 ; comparing, 259. 

Polls, 255. 

Popular branch of Congress, 91. 

Postmaster-General, 172. 

Postmaster of the House of Representatives, 94 ; of the Senate, 103. 

Postmasters, 127. 

Post-office Department, 177. 

Post-offices, 127. 

Power, source of, 230. 

Preamble of the United States Constitution, 191. 

Precincts, 252. 

President, 9. 

President of the United States, 149—171 ; term, 149 ; number of terms, 149 ; 
election of, 150 ; election by Electoral College, 151 ; counting electoral votes, 
152 ; election by the House of Representatives, 153 ; qualifications, 156 ; in- 
auguration, 157 ; oath of office, 158 ; inaugural address, 159 ; salary, 160 ; res- 
idence, 161 ; accessibility, 162 ; removal from office, 163 ; succession to, 164 ; 
powers and duties, 165—171 ; Commander-in-chief of Army and Navy, 165 , 
reprieves and pardons, 166; treaties, 167; appointments, 168; messages to 
Congress,' 169 ; convening and adjourning Congress, 170 ; execution of laws, 
171 ; appointment of Cabinet, 172. 

President pro tern, of the Senate, 102; election, 102; duties, 102; salary, 102. 

Presidential Electors, election, 150; who maybe, 150. 

Presidential Succession, 164. 

Press and speech, freedom of, 234. 

Prince, 11. 

Principality, 11. 

Prisoners, bailable, 239. 

Property, 42 ; real, 42 ; personal, 42 ; right of, 42, 229 ; title to, 42. 

Protection, National, 219. 

Provinces, Royal, 70. 

Public Officers, gifts to. 146 

Q 



Quarterly Court, terms, 408; jurisdiction, 409. 

Queen, 11. 

Quorum in Congress, 106 ; in General Assembly, 273. 



Railroad Commissioners, 343. 

Railroads, 35. 

Real estate, 42 

Rebellion, 56—57. 

Records, public, 192. , Mn , . 

Register of the Land Office, election, 319; term, 319; bond, 320; duties, 321; 
deputies, 321; reports, 322; compensation, 323. 

Relation of State to Nation not like County to State, 221. 

Relations, international, 144. 

Representatives, House of, 90 ; in Congress, 90—96, number, 90, apportionment, 
90, election, 91, qualifications, 92, compensation, 113; in General Assembly, 
number, 263, term, 263, qualifications, 264, apportionment, 265. 

Reprieves and pardons, 166, 290. 

Reputation, 37. 

Requisition, 194. 

Returns, Board to examine, 261. 

Revolution, 56 ; causes of. 74. 

Right of Property, 42, 229. . " ^ . 

Rights, Bill of, 76 ; Declaration of, 75 ; forfeiture of, 41 ; individual, 29 ; indus- 
trial, 28 ; natural, 27 ; of society, 29 ; political, 30 ; religious, 31 ; social, 29. 



342 



INDEX. 



S 



School Law, publication and distribution, 328. 

School Trustees of the District, election, 430 ; term, 430 ; powers and duties, 431 ; 
quorum, 431, 

Search and seizure, 235. 

Secession, 218. 

Secretary of State, of the State, appointment, 300 ; term, 300 ; duties, 301 ; assist- 
ant, 302 ; residence, 303 ; seal, 303 ; examination and preservation of papers, 
304 . custody of books, 305 ; copies of records, 305 ; compensation, 306. 

Secretary of the Senate of the United States, 103. 

Security, personal, 32. 

Seizure and search, 235. 

Senate, United States, 97—104 ; vacancies, 100 ; presiding officer, 101, salary, 101 ; 
President pro tern., 102, salary, 102 ; other officers, 103 ; Secretary, 103 ; Ser- 
geant-at- Arms, 103 ; Chaplain, 103 ; Postmaster, 103 ; Librarian, 103 ; Door- 
keeper, 103 ; impeachments, 104. 

Senators in General Assembly, number, 263 ; term, 263 ; qualifications, 266 ; ap- 
portionment, 267. 

Senators, United States, number, 97 ; term, 97 ; election, 98, 281 ; qualifications, 
99; vacancies, 100 ; compensation, 113. 

Sergeant-at-Arms of the House of Representatives, 94 ; of the Senate, 103. 

Sessions of Congress, 105, 110. 

Sheriff, election, 370 ; term, 370 ; oath and bond, 370 ; powers and duties, 371 ; 
compensation, 372. 

Ships, 35. 

Silver certificates, 124. 

Sinking Fund, Commissioners of, members, 340 ; powers and duties, 340. 

Slander, 37. 

SlAve trade, 137. 

Society, 2 ; duty to, 64 ; individuals of, 25. 

Sovereignty, 14 ; State, 148. 

Speaker of the National House of Representatives, 94 ; of the State Senate pro 
tern., 276. 299. 

Speech and press, freedom of, 234. 

Stamp Act- 74, 75. 

Stamp Act Congress, 75. 

State, 1, 13 ; defense of, 43 ; Department of, 173 ; Secretary of, 172, 173 ; sover- 
eign, 14, 44. 

State Government more direct than Federal Government, 224. 

State sovereignty, 148. 

States, Admission of, 195 ; prohibitions upon, 147. 

Statistics, Commissioner of, 345 

Statutes, General, 18. 

Steamboats, 35 

Suffrage, 21, 22, 59. 

Sultan, 11. 

Superintendent of Public Instruction, election, 324 ; term, 324; oath, 325: du- 
ties, 326; reports, 327; school law, 328; decisions, 329; compensation, 330. 

Superior Court, Judges, 363, districts, 363, election, 363, term, 363, salary, 363, 
terms of court, 364 ; jurisdiction, 365 ; officers of, 366 : appeals, 367. 

Supreme Court of the District of Columbia, 186 ; of the United States, 182, juris- 
'diction, 182. 

Supreme Law, 16, 198. 

Supreme Power of Congress, 136. 

Surveyor, election, 383 ; term, 383 ; oath and bond, 383 ; deputies, 384 ; powers 
and duties, 384 ; compensation, 385. 



Tax, capitation, 141. 
Taxation, 52. 
Taxes, 52. 



INDEX. 343 

Taxes and duties, 119. 

Tenure of office, 23. 

Territories, 196 ; delegates from in Congress, 95 ; relation of to Federal Govern- 
ment, 225. 

Text-books, adoption of, 334. 

Theft, 42. 

Title to property, 42. 

Torture, 19. 

Town, establishment of, 440, 

Town Trustees, election, 441 ; who eligible, 442 ; powers and duties, 443 ; ap- 
pointment of other officers, 444. 

Traitors, 57. 

Travelers, 35. 

Treason, 190, 218, 290. 

Treasurer of State, election, 307 ; term, 307 ; oaths and bond, 308 ; qualifications, 
309; duties, 310; residence, 310; compensation, 311. 

Treasury, Department of, 174; Secretary of , 172. 

Treaties 44 167 

Trial by jury, 233 ; criminal, 425 ; civil, 426; right of, 236. 

True bill, 424. 

Two constitutions, 223. 

V 

Vacancies, 292. 

Vice-President, term, 149 ; electors of, 150 ; election by Electoral College, 151 ; 
counting electoral votes, 152 ; election by Senate, 154 ; presiding officer of 
Senate, 101 ; qualifications, 101, 156 ; salary, 101 ; oath of office, 101. 

Vote, duty to, 59. 

Voters, qualifications for, 250. 

Voting, 21 ; in Congress, 111 ; manner of, 256. 

w 

War, 131 ; Department of, 175 ; Secretary of, 172. 
Weights and measures, 125. 
White House, 161. 
Will, 42. 






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